2005 Nevada Revised Statutes - Chapter 642 — Funeral Directors, Embalmers and Operators of Cemeteries and Crematories

CHAPTER 642 - FUNERAL DIRECTORS, EMBALMERSAND OPERATORS OF CEMETERIES AND CREMATORIES

GENERAL PROVISIONS

NRS 642.005 Definitions.

NRS 642.010 Boarddefined.

NRS 642.011 Cremationdefined.

NRS 642.012 Crematorydefined.

NRS 642.013 Directcremation defined.

NRS 642.014 Dispositiondefined.

NRS 642.015 Funeraldirector defined.

NRS 642.016 Funeralestablishment defined.

NRS 642.017 Immediateburial defined.

NRS 642.0175 InternationalConference of Funeral Service Examining Boards defined.

NRS 642.019 Compliancewith certain federal regulations.

NRS 642.0193 Applicationto include social security number of applicant. [Repealed.]

NRS 642.0195 Paymentof child support: Submission of certain information by applicant; grounds fordenial of license or certificate; duty of Board. [Effective until the date ofthe repeal of the federal law requiring each state to establish procedures forwithholding, suspending and restricting the professional, occupational andrecreational licenses for child support arrearages and for noncompliance withcertain processes relating to paternity or child support proceedings.]

NRS 642.0195 Paymentof child support: Submission of certain information by applicant; grounds fordenial of license or certificate; duty of Board. [Effective on the date of therepeal of the federal law requiring each state to establish procedures forwithholding, suspending and restricting the professional, occupational andrecreational licenses for child support arrearages and for noncompliance withcertain processes relating to paternity or child support proceedings andexpires by limitation 2 years after that date.]

NEVADA STATE FUNERAL BOARD

NRS 642.020 Creation;number, appointment, qualifications and terms of members; Chairman.

NRS 642.030 Oathsof members; compensation of members and employees.

NRS 642.040 Officers;duties of Secretary; Treasurer to furnish bond.

NRS 642.050 Meetings;quorum.

NRS 642.055 Offices;employees.

NRS 642.060 Rulesfor transaction of business; seal.

NRS 642.063 Regulations.

NRS 642.066 Publicationof guide for persons who purchase services provided by cemeteries, crematoriesand funeral establishments.

NRS 642.067 Inspectionof premises where funeral directing conducted or embalming practiced;employment and compensation of inspector.

NRS 642.0673 Inspectionof lists of prices and agreements on prices.

NRS 642.0677 Investigationof alleged violation; report to and action by Attorney General.

NRS 642.068 Fiscalyear.

NRS 642.069 Annualfee for holder of license or certificate issued pursuant to chapter 451 or 452of NRS.

NRS 642.0693 Feefor providing materials.

NRS 642.0696 Otherfees.

NRS 642.070 Depositand use of fees.

NRS 642.075 Dispositionof money collected by Board; delegation of authority to take disciplinaryaction; payment of attorneys fees and costs of investigation.

EMBALMERS

Licenses

NRS 642.080 Qualificationsof applicant.

NRS 642.090 Examinationof applicant; requirements to take examination; subject matters covered;requirements for issuance of license.

NRS 642.100 Requirementsfor licensing embalmer licensed in another state.

NRS 642.110 License:Signatures; not transferable; display.

NRS 642.115 License:Inactive status; reactivation.

NRS 642.120 Renewalof license.

 

Disciplinary Action

NRS 642.130 Groundsfor disciplinary action.

NRS 642.135 Authorizeddisciplinary action; private reprimands prohibited; orders imposing disciplinedeemed public records.

NRS 642.140 Dutiesof Secretary when license revoked.

APPRENTICE EMBALMERS

NRS 642.180 Certificateof registration required for apprentice; full-time employment required forcredit for apprenticeship.

NRS 642.190 Qualificationsof applicant.

NRS 642.200 Academicqualifications of applicant.

NRS 642.210 Filingof application; date when apprenticeship commences; credit for time spent.

NRS 642.220 Fees;apprentice card.

NRS 642.230 Registrationwith Secretary; notice of change of instructor.

NRS 642.240 Semiannualreports of apprenticeship by licensed embalmer.

NRS 642.250 Licensedembalmer prohibited from employing unregistered apprentice; limitation onnumber of apprentices.

NRS 642.260 Conditionsfor embalming by apprentice.

NRS 642.270 Certainadvertising or representations by apprentice prohibited.

NRS 642.280 Postingof certificate.

NRS 642.290 Leavesof absence.

NRS 642.300 Expirationof certificate; limitations on length of apprenticeship.

NRS 642.310 Requirementsfor apprentice to become licensed embalmer: Application for examination.

NRS 642.320 Requirementsfor apprentice to become licensed embalmer: Application for licensure.

NRS 642.330 Requirementsfor apprentice to become licensed embalmer: Completion of instruction.

FUNERAL ESTABLISHMENTS, FUNERAL DIRECTORS AND OTHER LICENSEES

Licenses and Permits

NRS 642.340 Licenserequired to engage in or hold out as engaging in business of funeral director;place of business.

NRS 642.345 Approvalby Board required for funeral director to manage funeral establishment;responsibilities of funeral director who manages funeral establishment.

NRS 642.350 Issuanceof license to funeral director engaged in business on July 1, 1959; renewal.

NRS 642.355 Directcremations and immediate burials: Application for license; authorized services.

NRS 642.360 Requirementsfor license as funeral director or to conduct direct cremations or immediateburials: Form of application; qualifications of applicants; examination ofcertain applicants; payment of fees.

NRS 642.363 Permitrequired to operate funeral establishment.

NRS 642.365 Applicationfor permit to operate funeral establishment; qualifications of applicant; fee.

NRS 642.370 Moralcharacter of applicant for license.

NRS 642.390 Investigationby Board.

NRS 642.400 Subpoenas;hearings; requirements for issuance of license.

NRS 642.410 Timelimited for issuance or denial of license.

NRS 642.420 Renewalof license: Fee.

NRS 642.430 Renewalof license: Procedure.

NRS 642.435 Renewalof permit: Fee; unannounced inspection; notice; penalty for late renewal fee;issuance of renewal certificate.

NRS 642.440 Reinstatementof lapsed license.

NRS 642.450 Specialtemporary license issued to legal representative of deceased funeral director:Limitations and conditions.

NRS 642.455 Placementof license on inactive status; reactivation.

NRS 642.460 Contentsand display of license.

NRS 642.465 Contentsand display of permit; operation of funeral establishment by person named onpermit.

 

Disciplinary Action

NRS 642.470 Groundsfor disciplinary action.

NRS 642.473 Authorizeddisciplinary action; private reprimands prohibited; orders imposing disciplinedeemed public records.

NRS 642.480 Unprofessionalconduct defined.

NRS 642.490 Falseor misleading advertising defined.

NRS 642.500 Petitionfor revocation or suspension of license or permit.

NRS 642.510 Orderof revocation or suspension of license or permit.

ADDITIONAL PROVISIONS GOVERNING LICENSES, CERTIFICATES ANDPERMITS

NRS 642.515 Temporaryauthorization for applicant to engage in regulated activities while applicationfor license, certificate or permit is pending.

NRS 642.518 Immediatesuspension of license, certificate or permit: Grounds; procedure.

NRS 642.521 Suspensionof license or certificate of registration for failure to pay child support orcomply with certain subpoenas or warrants; reinstatement of license orcertificate of registration. [Expires by limitation 2 years after the date ofthe repeal of the federal law requiring each state to establish procedures forwithholding, suspending and restricting the professional, occupational and recreationallicenses for child support arrearages and for noncompliance with certainprocesses relating to paternity or child support proceedings.]

NRS 642.524 Confidentialityof certain records of Board; exceptions.

JUDICIAL REVIEW

NRS 642.530 Availabilityof judicial review; exceptions.

NRS 642.540 Stayof decision of Board upon posting of bond pending judicial review.

APPLICABILITY OF CHAPTER

NRS 642.550 Exclusions.

ENFORCEMENT; PROHIBITED PRACTICES; PENALTIES

NRS 642.555 Actionsand remedies cumulative and not exclusive.

NRS 642.557 Ordersrequiring person to desist or refrain from engaging in certain conduct.

NRS 642.560 Admittanceof unauthorized person to certain rooms in funeral home or mortuary prohibited.

NRS 642.570 Prosecutionof violations.

NRS 642.575 Injunctions.

NRS 642.580 Penaltyfor practicing embalming without license.

NRS 642.590 Penaltyfor taking care of disposition of dead human bodies or performing directcremations or immediate burials without license; penalty for operating funeralestablishment without permit; penalty for giving or receiving commission tosecure business.

_________

 

GENERAL PROVISIONS

NRS 642.005 Definitions. As used in this chapter, unless the context otherwiserequires, the words and terms defined in NRS642.010 to 642.0175, inclusive,have the meanings ascribed to them in those sections.

(Added to NRS by 1993, 2609; A 2003, 1267)

NRS 642.010 Boarddefined. Board means the Nevada StateFuneral Board.

[Part 1:28:1909; RL 4445; NCL 2665](NRS A 1959,848; 1975, 706; 1977, 192; 1993, 2611; 2003, 1267)

NRS 642.011 Cremationdefined. Cremation means the technical processthat reduces human remains to bone fragments by using heat and evaporation.

(Added to NRS by 1993, 2609)

NRS 642.012 Crematorydefined. Crematory means the building orportion of a building that houses the chamber for cremation and the holdingfacility.

(Added to NRS by 1993, 2609)

NRS 642.013 Directcremation defined. Direct cremation means acremation without formal viewing, visitation or a ceremony with the bodypresent.

(Added to NRS by 1993, 2609)

NRS 642.014 Dispositiondefined. Disposition means the immediatedisposing of a dead human body or the immediate transporting of a dead humanbody to the care of a funeral establishment, responsible third party or theimmediate family for direct cremation or burial.

(Added to NRS by 1993, 2609)

NRS 642.015 Funeraldirector defined.

1. Funeral director means a person engaged in,conducting the business of or holding himself out as engaged in:

(a) Preparing or contracting to prepare by embalming orin any other manner dead human bodies for burial or disposal, or directing andsupervising the burial or disposal of dead human bodies.

(b) Directing, supervising or contracting to direct orsupervise funerals.

(c) The business of a funeral director by using thewords funeral director, mortician or any other title implying that he isengaged in the business of funeral directing.

2. The term does not include:

(a) A licensed embalmer or a person whose duties arelimited to conducting direct cremations or immediate burials.

(b) An owner of a funeral establishment unless theowner engages in any activity described in subsection 1.

(Added to NRS by 1993, 2609; A 1995, 267)

NRS 642.016 Funeralestablishment defined. Funeral establishmentmeans a place of business conducted at a specific street address or locationdevoted to the care and preparation for burial or transportation of dead humanbodies, consisting of a preparation room equipped with a sanitary floor,necessary drainage and ventilation, containing necessary instruments andsupplies for the preparation and embalming of dead human bodies for burial ortransportation and having a display room containing an inventory of funeralcaskets.

(Added to NRS by 1993, 2610)

NRS 642.017 Immediateburial defined. Immediate burial means adisposition by burial without formal viewing, visitation or a ceremony with thebody present, except for a graveside service.

(Added to NRS by 1993, 2610)

NRS 642.0175 InternationalConference of Funeral Service Examining Boards defined. International Conference of Funeral Service ExaminingBoards means the International Conference of Funeral Service Examining Boards,Incorporated, or any successor in interest to that organization.

(Added to NRS by 2003, 1266)

NRS 642.019 Compliancewith certain federal regulations. Each holderof a license, permit or certificate issued by the Board pursuant to this chapteror chapter 451 or 452of NRS shall comply with the provisions of Part 453 of Title 16 of the Code ofFederal Regulations.

(Added to NRS by 1993, 2611; A 1997, 2578; 2003, 1267)

NRS 642.0193 Applicationto include social security number of applicant. Repealed. (See chapter501, Statutes ofNevada 2005, at page 2818.)

 

NRS 642.0195 Paymentof child support: Submission of certain information by applicant; grounds fordenial of license or certificate; duty of Board. [Effective until the date ofthe repeal of the federal law requiring each state to establish procedures forwithholding, suspending and restricting the professional, occupational andrecreational licenses for child support arrearages and for noncompliance withcertain processes relating to paternity or child support proceedings.]

1. In addition to any other requirements set forth inthis chapter:

(a) An applicant for the issuance of a license topractice the profession of embalming, a funeral directors license, a licenseto conduct direct cremations or immediate burials or a certificate ofregistration as an apprentice embalmer shall include the social security numberof the applicant in the application submitted to the Board.

(b) An applicant for the issuance or renewal of alicense to practice the profession of embalming, a funeral directors license,a license to conduct direct cremations or immediate burials or a certificate ofregistration as an apprentice embalmer shall submit to the Board the statementprescribed by the Division of Welfare and Supportive Services of the Departmentof Health and Human Services pursuant to NRS425.520. The statement must be completed and signed by the applicant.

2. The Board shall include the statement requiredpursuant to subsection 1 in:

(a) The application or any other forms that must besubmitted for the issuance or renewal of the license or certificate ofregistration; or

(b) A separate form prescribed by the Board.

3. A license or certificate of registration describedin subsection 1 may not be issued or renewed by the Board if the applicant:

(a) Fails to submit the statement required pursuant tosubsection 1; or

(b) Indicates on the statement submitted pursuant tosubsection 1 that he is subject to a court order for the support of a child andis not in compliance with the order or a plan approved by the district attorneyor other public agency enforcing the order for the repayment of the amount owedpursuant to the order.

4. If an applicant indicates on the statementsubmitted pursuant to subsection 1 that he is subject to a court order for thesupport of a child and is not in compliance with the order or a plan approvedby the district attorney or other public agency enforcing the order for therepayment of the amount owed pursuant to the order, the Board shall advise theapplicant to contact the district attorney or other public agency enforcing theorder to determine the actions that the applicant may take to satisfy the arrearage.

(Added to NRS by 1997, 2157; A 2005, 2767, 2807)

 

NRS 642.0195 Payment of child support: Submissionof certain information by applicant; grounds for denial of license orcertificate; duty of Board. [Effective on the date of the repeal of the federallaw requiring each state to establish procedures for withholding, suspendingand restricting the professional, occupational and recreational licenses forchild support arrearages and for noncompliance with certain processes relatingto paternity or child support proceedings and expires by limitation 2 yearsafter that date.]

1. In addition to any other requirements set forth inthis chapter, an applicant for the issuance or renewal of a license to practicethe profession of embalming, a funeral directors license, a license to conductdirect cremations or immediate burials or a certificate of registration as anapprentice embalmer shall submit to the Board the statement prescribed by theDivision of Welfare and Supportive Services of the Department of Health andHuman Services pursuant to NRS 425.520.The statement must be completed and signed by the applicant.

2. The Board shall include the statement requiredpursuant to subsection 1 in:

(a) The application or any other forms that must besubmitted for the issuance or renewal of the license or certificate ofregistration; or

(b) A separate form prescribed by the Board.

3. A license or certificate of registration describedin subsection 1 may not be issued or renewed by the Board if the applicant:

(a) Fails to submit the statement required pursuant tosubsection 1; or

(b) Indicates on the statement submitted pursuant tosubsection 1 that he is subject to a court order for the support of a child andis not in compliance with the order or a plan approved by the district attorneyor other public agency enforcing the order for the repayment of the amount owedpursuant to the order.

4. If an applicant indicates on the statementsubmitted pursuant to subsection 1 that he is subject to a court order for thesupport of a child and is not in compliance with the order or a plan approvedby the district attorney or other public agency enforcing the order for therepayment of the amount owed pursuant to the order, the Board shall advise theapplicant to contact the district attorney or other public agency enforcing theorder to determine the actions that the applicant may take to satisfy the arrearage.

(Added to NRS by 1997, 2157; A 2005, 2767, 2768, 2807, effective onthe date of the repeal of the federal law requiring each state to establishprocedures for withholding, suspending and restricting the professional,occupational and recreational licenses for child support arrearages and fornoncompliance with certain processes relating to paternity or child supportproceedings)

NEVADA STATE FUNERAL BOARD

NRS 642.020 Creation;number, appointment, qualifications and terms of members; Chairman.

1. The Nevada State Funeral Board, consisting of fivemembers appointed by the Governor, is hereby created.

2. The Governor shall appoint:

(a) One member who is actively engaged as a funeraldirector and embalmer.

(b) One member who is actively engaged as an operatorof a cemetery.

(c) One member who is actively engaged in the operationof a crematory.

(d) Two members who are representatives of the generalpublic.

3. No member who is a representative of the generalpublic may:

(a) Be the holder of a license or certificate issued bythe Board or be an applicant or former applicant for such a license orcertificate.

(b) Be related within the third degree of consanguinityor affinity to the holder of a license or certificate issued by the Board.

(c) Be employed by the holder of a license orcertificate issued by the Board.

4. After the initial terms, members of the Board serveterms of 4 years, except when appointed to fill unexpired terms.

5. The Chairman of the Board must be chosen from themembers of the Board who are representatives of the general public.

[Part 1:28:1909; RL 4445; NCL 2665](NRS A 1959,849; 1977, 1259; 1993, 2611; 1999, 941; 2003, 1267)

NRS 642.030 Oathsof members; compensation of members and employees.

1. Before entering upon their duties the members ofthe Board shall respectively take and subscribe to the oath required of otherstate officers. The Secretary of State is authorized to administer the oath,and each oath must be filed in his office.

2. The members of the Board are entitled to receive:

(a) A salary of not more than $80 per day, as fixed bythe Board, while engaged in the business of the Board; and

(b) A per diem allowance and travel expenses at a ratefixed by the Board, while engaged in the business of the Board. The rate mustnot exceed the rate provided for state officers and employees generally.

3. While engaged in the business of the Board, eachemployee of the Board is entitled to receive a per diem allowance and travelexpenses at a rate fixed by the Board. The rate must not exceed the rateprovided for state officers and employees generally.

[Part 2:28:1909; RL 4446; NCL 2666](NRS A 1963,158; 1975, 306; 1981, 1994; 1989, 1703)

NRS 642.040 Officers;duties of Secretary; Treasurer to furnish bond.

1. The members of the Board shall have the power toselect from their number a President, a Secretary and a Treasurer.

2. The Secretary shall keep:

(a) A record of all the meetings of the Board.

(b) A register of the names, residence addresses andbusiness addresses of all embalmers duly licensed under the provisions of thischapter, and the numbers and dates of licenses. The register shall be open topublic examination at all reasonable times. A copy of the register shall befurnished to all those registered and to the various railroad, transportationand express companies doing business in the State of Nevada.

3. The Treasurer shall give a bond, to be approved bythe Board, in the sum of $500 for the honest and faithful discharge of hisduties.

[Part 2:28:1909; RL 4446; NCL 2666] + [Part3:28:1909; A 1917, 66; 1919 RL 4447; NCL 2667] + [Part 8:28:1909; RL 4452; NCL 2672]

NRS 642.050 Meetings;quorum.

1. The Board shall meet at least once every year, andmay also hold special meetings, if the proper discharge of its duties requires,at a time and place to be fixed by the rules and bylaws of the Board. The rulesand bylaws of the Board must provide for the giving of timely notice of allspecial meetings to all members of the Board and to all applicants for licensesor certificates.

2. Four of the members of the Board at any meeting mayorganize and constitute a quorum for the transaction of business.

[Part 3:28:1909; A 1917, 66; 1919 RL 4447; NCL 2667](NRS A 1993, 2612)

NRS 642.055 Offices;employees. The Board may:

1. Maintain offices in as many localities in the Stateas it finds necessary to carry out the provisions of this chapter and chapters 451 and 452of NRS.

2. Employ attorneys, investigators and other professionalconsultants and clerical personnel necessary to the discharge of its duties.

(Added to NRS by 1963, 158; A 2003, 1268)

NRS 642.060 Rulesfor transaction of business; seal.

1. The members of the Board shall have power to adoptsuch regulations for the transaction of business of the Board and management ofits affairs as they may deem expedient.

2. The Board is authorized to adopt and use a commonseal.

[Part 2:28:1909; RL 4446; NCL 2666] + [Part6:28:1909; RL 4450; NCL 2670](NRS A 1971, 811)

NRS 642.063 Regulations. The Board may adopt reasonable rules and regulations forthe purpose of carrying into effect the provisions of this chapter.

(Added to NRS by 1959, 848)

NRS 642.066 Publicationof guide for persons who purchase services provided by cemeteries, crematoriesand funeral establishments.

1. The Board may publish a guide for persons whopurchase services provided by cemeteries, crematories and funeralestablishments. The guide must contain:

(a) A list of the name and address of each cemetery,crematory and funeral establishment located in the State.

(b) A list of the services and the price for eachservice provided by each cemetery, crematory and funeral establishment in thisState.

(c) The procedure for filing a complaint with the Boardconcerning services provided by a cemetery, crematory or funeral establishment.

(d) Any other information which the Board deemsappropriate and useful to the public.

2. If the Board publishes a guide, it shall:

(a) Maintain the guide by republishing it with revisedinformation at least once each year.

(b) Distribute the guide and the information containedin the guide in any manner it deems appropriate.

(Added to NRS by 1993, 2610)

NRS 642.067 Inspectionof premises where funeral directing conducted or embalming practiced;employment and compensation of inspector. TheBoard may inspect any premises in which the business of funeral directing isconducted or where embalming is practiced and, for that purpose, may employ alicensed embalmer of the State of Nevada as an inspector to aid in theenforcement of this chapter and chapters 451and 452 of NRS and the regulations adoptedpursuant thereto, whose compensation and expenses shall be paid out of the feescollected by the Board.

(Added to NRS by 1959, 845; A 2003, 1268)

NRS 642.0673 Inspectionof lists of prices and agreements on prices. Afuneral director or embalmer shall make available for inspection by theAttorney General, the Division of Insurance of the Department of Business andIndustry, or any representative of either, copies of all lists of prices andagreements on prices for 1 year after they are issued.

(Added to NRS by 1993, 2610; A 1995, 715)

NRS 642.0677 Investigationof alleged violation; report to and action by Attorney General.

1. A member of the Boards staff who is designated bythe Board may investigate an alleged violation of any provision of this chapteror chapter 451 or 452of NRS, any regulation adopted pursuant thereto or any order of the Board.

2. The designated member of the Boards staff shallreport his findings to the Attorney General, who shall:

(a) Dismiss the investigation;

(b) Proceed in accordance with the provisions of thischapter or chapter 451 or 452 of NRS, as appropriate, and chapter 233B of NRS; or

(c) Investigate the matter further before actingpursuant to paragraph (a) or (b).

(Added to NRS by 1993, 2610; A 2003, 1268)

NRS 642.068 Fiscalyear. The Board shall operate on the basis ofa fiscal year commencing on July 1 and terminating on June 30.

(Added to NRS by 1963, 158)

NRS 642.069 Annualfee for holder of license or certificate issued pursuant to chapter 451or 452of NRS.

1. The Board shall charge and collect an annual feefrom each holder of a license or certificate issued by the Board pursuant to chapter 451 or 452of NRS.

2. The Board shall adopt regulations which establishthe annual fee in an amount that is sufficient in the aggregate, together withthe fees received from applicants during the previous year, to defray theBoards necessary expenses in performing its duties pursuant to chapters 451 and 452of NRS.

(Added to NRS by 1993, 2611; A 2003, 1268)

NRS 642.0693 Feefor providing materials. The Board may chargea fee for providing materials relating to the provisions of this chapter or chapter 451 or 452of NRS which are requested by persons who have been issued permits, licensesand certificates pursuant to this chapter or chapter451 or 452 of NRS or by members of thegeneral public. The fee may not exceed the cost incurred by the Board to providethose materials.

(Added to NRS by 1995, 267; A 2003, 1275)(Substitutedin revision for NRS 642.415)

NRS 642.0696 Otherfees. In addition to the fees that the Boardis authorized or required to collect pursuant to the provisions of a specificstatute, the Board shall charge and collect the following fees:

 

Application for a license,certificate or permit................................................... $375

Examination for a license,certificate or permit..................................................... 375

Renewal of a license, certificate orpermit............................................................ 200

Late renewal of a license,certificate or permit..................................................... 275

Placement of a license on inactivestatus............................................................. 175

Reactivation of a license to activestatus............................................................. 175

Reinstatement of a lapsed license......................................................................... 300

Transfer of a license, certificateor permit to another location.......................... 225

Issuance of a duplicate license,certificate or permit............................................ 75

Provision of an administrativeservice.................................................................... 75

 

(Added to NRS by 2003, 1266)

NRS 642.070 Depositand use of fees. All fees collected under theprovisions of this chapter and chapters 451and 452 of NRS must be paid to the Treasurerof the Board to be used to defray the necessary expenses of the Board. TheTreasurer shall deposit the fees in banks, credit unions or savings and loanassociations in the State of Nevada.

[Part 8:28:1909; RL 4452; NCL 2672](NRS A 1959,849; 1963, 158; 1965, 62; 1999, 1537; 2003, 1268)

NRS 642.075 Dispositionof money collected by Board; delegation of authority to take disciplinaryaction; payment of attorneys fees and costs of investigation.

1. Except as otherwise provided in subsection4, all reasonable expenses incurred by the Board in carrying out the provisionsof this chapter and chapters 451 and 452 of NRS must be paid from the money which itreceives. No part of the salaries or expenses of the Board may be paid out ofthe State General Fund.

2. Except as otherwise provided in this section, allmoney collected by the Board from the imposition of fines must be depositedwith the State Treasurer for credit to the State General Fund. All other moneyreceived by the Board must be deposited in qualified banks, credit unions orsavings and loan associations in this State and paid out on its order for itsexpenses.

3. In a manner consistent with the provisions of chapter 622A of NRS, the Board may delegate toa hearing officer or panel its authority to take any disciplinary actionpursuant to this chapter or chapter 451 and 452 of NRS, to impose and collect fines thereforand to deposit the money therefrom in banks, credit unions or savings and loanassociations in this State.

4. If a hearing officer or panel is not authorized totake disciplinary action pursuant to subsection 3 and the Board deposits themoney collected from the imposition of fines with the State Treasurer forcredit to the State General Fund, it may present a claim to the State Board ofExaminers for recommendation to the Interim Finance Committee if money isneeded to pay attorneys fees or the costs of an investigation, or both.

(Added to NRS by 1997, 2576; A 1999, 1537; 2003, 1268; 2005, 796)

EMBALMERS

Licenses

NRS 642.080 Qualificationsof applicant. Except as otherwise provided in NRS 642.100, an applicant for a license topractice the profession of embalming in the State of Nevada shall:

1. Have attained the age of 18 years.

2. Be of good moral character.

3. Be a high school graduate and have completed 2academic years of instruction by taking 60 semester or 90 quarter hours at anaccredited college or university. Credits earned at an embalming college orschool of mortuary science do not fulfill this requirement.

4. Have completed 12 full months of instruction in anembalming college or school of mortuary science which is accredited by theInternational Conference of Funeral Service Examining Boards and approved bythe Board, and have not less than 1 years practical experience under thesupervision of an embalmer licensed in the State of Nevada.

5. Have actually embalmed at least 50 bodies under thesupervision of a licensed embalmer prior to the date of application.

6. Present to the Board affidavits of at least tworeputable residents of the county in which the applicant proposes to engage inthe practice of an embalmer to the effect that the applicant is of good moralcharacter.

[Part 5:28:1909; A 1931, 31; 1949, 142; 1943 NCL 2669](NRS A 1961, 348; 1975, 707; 1999, 942; 2003, 1269)

NRS 642.090 Examinationof applicant; requirements to take examination; subject matters covered;requirements for issuance of license.

1. Every person who wishes to practice the professionof embalming must appear before the Board and must be examined in the knowledgeof the subjects set forth in subsection 5.

2. If a person is a registered apprentice, the personmust fulfill the requirements of NRS 642.310and 642.330 before the person may takethe examination.

3. If a person is not a registered apprentice, theperson must pay the examination fee prescribed in NRS 642.0696 before the person may takethe examination.

4. Examinations must be in writing, and the Board mayrequire actual demonstration on a cadaver. An applicant who has passed thenational examination given by the International Conference of Funeral ServiceExamining Boards is not required to take any portion of the examination setforth in subsection 5 that repeats or duplicates a portion of the nationalexamination. All examination papers must be kept on record by the Board.

5. The members of the Board shall examine applicantsfor licenses in the following subjects:

(a) Anatomy, sanitary science and signs of death.

(b) Care, disinfection, preservation, transportation ofand burial or other final disposition of dead bodies.

(c) The manner in which death may be determined.

(d) The prevention of the spread of infectious andcontagious diseases.

(e) Chemistry, including toxicology.

(f) Restorative art, including plastic surgery andderma surgery.

(g) The laws and regulations of this State relating tofuneral directing and embalming.

(h) Regulations of the State Board of Health relatingto infectious diseases and quarantine.

(i) Any other subject which the Board may determine byregulation to be necessary or proper to prove the efficiency and qualificationof the applicant.

6. If an applicant fulfills the requirements set forthin this chapter to be licensed to practice the profession of embalming, haspassed the examination required by this chapter and has paid all fees relatedto the application and the examination, the Board shall issue to the applicanta license to practice the profession of embalming for 1 year.

[4:28:1909; A 1931, 31; 1931 NCL 2668] + [Part5:28:1909; A 1931, 31; 1949, 142; 1943 NCL 2669](NRS A 1959, 849; 1975, 707;1995, 268; 1997, 2158, 2578; 1999, 520; 2001, 413; 2003, 1269; 2005, 2807)

NRS 642.100 Requirementsfor licensing embalmer licensed in another state. Reciprocitymay be arranged by the Board if an applicant:

1. Is a graduate of an embalming college or a schoolof mortuary science which is accredited by the International Conference ofFuneral Service Examining Boards and approved by the Board;

2. Is licensed as an embalmer in another state;

3. Has practiced embalming successfully for at least 5years and practiced actively for 2 years immediately preceding the applicationfor a license by reciprocity;

4. Is of good moral character;

5. Has passed the examination given by the Board onthe subjects set forth in subsection 5 of NRS642.090 or the national examination given by the International Conferenceof Funeral Service Examining Boards;

6. Possesses knowledge of the applicable statutes andregulations of this State governing embalmers; and

7. Pays to the Secretary of the Board the feesprescribed in NRS 642.0696.

[9:28:1909; A 1917, 66; 1931, 31; 1931 NCL 2673](NRS A 1959, 850; 1961, 349; 1975, 708; 1993, 2612; 1995, 268; 1997,2579; 2001, 414; 2003, 1270)

NRS 642.110 License:Signatures; not transferable; display.

1. All licenses shall be signed by the President andthe Secretary of the Board and attested by the seal of the Board.

2. Each license shall specify the name of the personto whom issued. Every license shall be nonassignable and nontransferable, andshall be displayed by each licensee in a conspicuous place in his office orplace of business.

[Part 6:28:1909; RL 4450; NCL 2670]

NRS 642.115 License:Inactive status; reactivation.

1. Upon written request to the Board and payment ofthe fee prescribed in NRS 642.0696, aperson who is licensed to practice the profession of embalming in this Stateand who is a licensee in good standing may have his license placed on inactivestatus. A licensee whose license has been placed on inactive status shall notengage in the practice of the profession of embalming during the period inwhich his license is inactive.

2. If a licensee wishes to resume the practice of theprofession of embalming, the Board shall reactivate his license upon the:

(a) Demonstration, if deemed necessary by the Board,that he is qualified and competent to practice;

(b) Completion of an application; and

(c) Payment of the fee for the renewal of the licenseand any other fees related to the reactivation of the license.

3. A licensee is not required to pay the fee for therenewal of his license or any fees or penalties related to the renewal of hislicense for any year during the period in which his license was inactive.

(Added to NRS by 1997, 2577; A 2003, 1270)

NRS 642.120 Renewalof license.

1. If a licensee wishes to renew his license, theBoard shall renew his license, except for cause, if the licensee complies withthe provisions of this section.

2. The renewal fee prescribed in NRS 642.0696 and all information requiredto complete the renewal are due on January 1 of each year. If the renewal feeis not paid or all required information is not submitted by February 1, a feefor the late renewal of the license will be added to the renewal fee, and in nocase will the fee for late renewal be waived.

3. Upon receipt of the renewal fee, all requiredinformation and any fee for late renewal imposed pursuant to subsection 2, theBoard shall issue a renewal certificate to the licensee.

[Part 5:28:1909; A 1931, 31; 1949, 142; 1943 NCL 2669](NRS A 1959, 850; 1975, 708; 1995, 268; 1997, 2159; 2003, 1271; 2005, 2768, 2807)

Disciplinary Action

NRS 642.130 Groundsfor disciplinary action. The following actsare grounds for which the Board may take disciplinary action against a personwho is licensed to practice the profession of embalming pursuant to thischapter or refuse to issue such a license to an applicant therefor:

1. Gross incompetency.

2. Unprofessional, unethical or dishonest conduct.

3. Habitual intemperance.

4. Fraud or misrepresentation in obtaining orattempting to obtain a license to practice the profession of embalming.

5. Employment by the licensee of persons commonlyknown as cappers, steerers or solicitors, or of other persons to obtainfuneral directing or embalming business.

6. Malpractice.

7. Gross immorality.

8. The unlawful use of any controlled substance.

9. Conviction of a felony relating to the practice ofembalming.

10. False or misleading advertising as defined in NRS 642.490, or false or misleadingstatements in the sale of merchandise or services.

11. Refusal to surrender promptly the custody of adead human body upon the request of a person who is legally entitled to custodyof the body.

12. Violation by the licensee of any provision of thischapter, any regulation adopted pursuant thereto, any order of the Board or anyother law of this State relating to the practice of any of the professionsregulated by the Board.

13. The theft or misappropriation of money in a trustfund established and maintained pursuant to chapter689 of NRS.

[Part 3:28:1909; A 1917, 66; 1919 RL 4447; NCL 2667](NRS A 1993, 2612; 1997, 2579; 2003, 1271, 2717)

NRS 642.135 Authorizeddisciplinary action; private reprimands prohibited; orders imposing disciplinedeemed public records.

1. If the Board determines that a person who islicensed to practice the profession of embalming pursuant to this chapter hascommitted any of the acts set forth in NRS642.130, the Board may:

(a) Refuse to renew his license;

(b) Revoke his license;

(c) Suspend his license for a definite period or untilfurther order of the Board;

(d) Impose a fine of not more than $5,000 for each actwhich constitutes a ground for disciplinary action;

(e) Place him on probation for a definite periodsubject to any reasonable conditions imposed by the Board;

(f) Administer a public reprimand; or

(g) Impose any combination of disciplinary actions setforth in this section.

2. The Boardshall not administer a private reprimand.

3. An order that imposes discipline and the findingsof fact and conclusions of law supporting that order are public records.

(Added to NRS by 1997, 2576; A 2003, 3461)

NRS 642.140 Dutiesof Secretary when license revoked. Upon the revocation of a license topractice the profession of embalming, the Secretary of the Board shall strikethe name of the licensee from the register of licensed embalmers and notify allrailroad, transportation and express companies doing business in the State ofNevada, and all licensed embalmers in this State, of that action.

[Part 3:28:1909; A 1917, 66; 1919 RL 4447; NCL 2667](NRS A 1997, 2579; 2005, 797)

APPRENTICE EMBALMERS

NRS 642.180 Certificateof registration required for apprentice; full-time employment required forcredit for apprenticeship.

1. No person may serve as an apprentice under alicensed embalmer or attempt to serve as an apprentice to a licensed embalmerwithout first having procured from the Board a certificate of registration as aregistered apprentice.

2. Registered apprentices must be regularly employedas full-time employees to receive apprenticeship credit.

(Added to NRS by 1959, 842; A 2003, 1272)

NRS 642.190 Qualificationsof applicant. Each applicant for a certificateof registration as a registered apprentice must:

1. Be of good moral character and possess temperatehabits;

2. Be at least 18 years of age;

3. Fulfill the requirements set forth in this chapterto be a registered apprentice;

4. Present an affidavit from his preceptor that suchapplicant shall enter upon his duties as soon as the certificate is granted;and

5. Pay any fees related to the application.

(Added to NRS by 1959, 842; A 2003, 1272)

NRS 642.200 Academicqualifications of applicant.

1. Each applicant for a certificate of registration asa registered apprentice shall furnish proof that he is a high school graduateand has completed 2 academic years of instruction by taking 60 semester or 90quarter hours at an accredited college or university. Credits earned at anembalming college or a school of mortuary science do not fulfill thisrequirement.

2. Such proof must be furnished before the applicantmay be issued a certificate of registration as a registered apprentice.

(Added to NRS by 1959, 842; A 1975, 708; 1999, 942; 2003, 1272)

NRS 642.210 Filingof application; date when apprenticeship commences; credit for time spent.

1. An applicant for a certificate of registration as aregistered apprentice shall immediately notify the Secretary of the Board ofsuch fact in order to receive credit for time spent.

2. Credit on the required apprenticeship commences onthe date the application for the certificate of registration is filed with theSecretary of the Board, and no applications may be accepted antedated.

(Added to NRS by 1959, 842; A 2003, 1272)

NRS 642.220 Fees;apprentice card.

1. Each registered apprentice must pay:

(a) The annual fee prescribed in NRS 642.0696; and

(b) Any other fees prescribed in NRS 642.0696.

2. Each registered apprentice shall carry anapprentice card certified by the Secretary of the Board.

(Added to NRS by 1959, 843; A 1975, 709; 1995, 269; 2003, 1272)

NRS 642.230 Registrationwith Secretary; notice of change of instructor. Apprenticesshall be registered with the Secretary of the Board at the time of beginning ofapprenticeship, and notice of termination of the same during interim, in casean apprentice changes tutor, shall be forwarded to the Secretary of the Board,giving the date of termination with the first instructor and the date ofbeginning with the second instructor, and each subsequent instructor in likemanner as provided in this chapter for the first instructor.

(Added to NRS by 1959, 843)

NRS 642.240 Semiannualreports of apprenticeship by licensed embalmer. Eachlicensed embalmer who has under his supervision or control a registered apprenticeshall report such fact to the Board semiannually on or before January 1 andJuly 1 of each year. The Secretary of the Board shall immediately forward tosuch embalmer forms wherein information desired by the Board shall be requestedby interrogations. Such reports shall disclose the work which such apprenticehas performed during the semiannual period preceding the first of the month onwhich such report is made, including the number of bodies such apprentice hasassisted in embalming or otherwise prepared for disposition during that period.

(Added to NRS by 1959, 843; A 2003, 1272)

NRS 642.250 Licensedembalmer prohibited from employing unregistered apprentice; limitation onnumber of apprentices.

1. No licensed embalmer may permit any person in hisemploy or under his supervision or control to serve him as an apprentice unlesssuch person has a certificate of registration as a registered apprentice.

2. A licensed embalmer may have no more than oneregistered apprentice serving under him at any one time.

(Added to NRS by 1959, 842; A 2003, 1273)

NRS 642.260 Conditionsfor embalming by apprentice. All embalming ofany nature whatsoever performed by a registered apprentice shall be done in theplace of business owned or conducted by his preceptor or where his preceptor isemployed, and must be in the presence of his preceptor or preceptors, and underhis or their personal supervision.

(Added to NRS by 1959, 843)

NRS 642.270 Certainadvertising or representations by apprentice prohibited. No registered apprentice as such may advertise or holdhimself out as a licensed embalmer, or use any title or abbreviation indicatingthat he is an embalmer, undertaker, mortician or funeral director.

(Added to NRS by 1959, 843; A 2003, 1273)

NRS 642.280 Postingof certificate. Each registered apprenticeshall have his certificate of registration posted in a conspicuous place in hispreceptors place of business.

(Added to NRS by 1959, 843; A 2003, 1273)

NRS 642.290 Leavesof absence.

1. A registered apprentice may apply for a leave ofabsence and for the extension of any leave of absence by:

(a) Filing an application with the Secretary of theBoard; and

(b) Paying any fees related to the application.

2. The application may be granted by the Board, if thefacts of the case disclose sufficient reason for granting the request.

(Added to NRS by 1959, 843; A 2003, 1273)

NRS 642.300 Expirationof certificate; limitations on length of apprenticeship.

1. A certificate of registration expires 1 year afterthe date of issuance of the certificate by the Board, unless the certificate isrenewed in accordance with the regulations adopted by the Board.

2. No person may hold a certificate of registration asa registered apprentice entitling him to practice the occupation of anembalmers apprentice under a licensed embalmer more than 2 consecutive yearswithout successfully passing the examination for a license to practice theprofession of embalming pursuant to NRS642.090.

(Added to NRS by 1959, 842; A 1975, 709; 1993, 2613; 2003, 1273)

NRS 642.310 Requirementsfor apprentice to become licensed embalmer: Application for examination. Before a registered apprentice may take the examinationfor a license to practice the profession of embalming pursuant to NRS 642.090, the registered apprentice mustfile an application with the Secretary of the Board and pay the examination feeprescribed in NRS 642.0696, not laterthan 30 days before the date of such examination.

(Added to NRS by 1959, 843; A 1975, 709; 2003, 1273)

NRS 642.320 Requirementsfor apprentice to become licensed embalmer: Application for licensure. All registered apprentices shall file applications forlicenses to practice the profession of embalming within 12 months after theyhave completed the required 1 year of apprenticeship. Failure to do soautomatically revokes the certificate of registration.

(Added to NRS by 1959, 843; A 1975, 709; 2003, 1273)

NRS 642.330 Requirementsfor apprentice to become licensed embalmer: Completion of instruction.

1. Before a registered apprentice may take theexamination for a license to practice the profession of embalming pursuant to NRS 642.090, the registered apprentice musthave completed instruction in an accredited and approved embalming college orschool of mortuary science, as prescribed by NRS642.080.

2. A registered apprentice may take the examinationfor a license to practice the profession of embalming pursuant to NRS 642.090 before the registeredapprentice has completed the required 1 year of apprenticeship.

(Added to NRS by 1959, 843; A 1961, 349; 1975, 709; 2003, 1273)

FUNERAL ESTABLISHMENTS, FUNERAL DIRECTORS AND OTHERLICENSEES

Licenses and Permits

NRS 642.340 Licenserequired to engage in or hold out as engaging in business of funeral director;place of business.

1. A person shall not engage in or conduct, or holdhimself out as engaging in or conducting, the business of a funeral directorunless he is licensed as a funeral director by the Board.

2. The business of a funeral director must beconducted and engaged in at a funeral establishment.

(Added to NRS by 1959, 843; A 1993, 2613; 1995, 269)

NRS 642.345 Approvalby Board required for funeral director to manage funeral establishment;responsibilities of funeral director who manages funeral establishment.

1. A funeral director shall not manage a funeralestablishment unless the funeral director has been approved by the Board tomanage the funeral establishment.

2. If a funeral director manages more than one funeralestablishment, he must obtain approval from the Board for each funeralestablishment that he manages.

3. A funeral director is responsible for the propermanagement of each funeral establishment of which he is the manager.

(Added to NRS by 1999, 941)

NRS 642.350 Issuanceof license to funeral director engaged in business on July 1, 1959; renewal. Any funeral director who, on July 1, 1959, is engaged inor conducting the business of a funeral director, at a fixed place orestablishment in this State, must be issued a license upon application thereformade within 30 days after July 1, 1959, and may continue in business for theremainder of the year. He may have his license renewed annually upon payment ofsuch renewal fees as are required by NRS642.420.

(Added to NRS by 1959, 845; A 1993, 2613)

NRS 642.355 Directcremations and immediate burials: Application for license; authorized services.

1. A person may apply for a license to conduct directcremations or immediate burials.

2. The services which a person holding such a licensemay provide are limited to the direct cremation, immediate burial, dispositionand transportation of dead human bodies.

(Added to NRS by 1993, 2610)

NRS 642.360 Requirementsfor license as funeral director or to conduct direct cremations or immediate burials:Form of application; qualifications of applicants; examination of certainapplicants; payment of fees.

1. An application for a funeral directors license ora license to conduct direct cremations or immediate burials must be in writingand verified on a form provided by the Board.

2. Each applicant must be over 18 years of age and ofgood moral character.

3. Except as otherwise provided in subsection 4, eachapplicant for a funeral directors license must pass an examination given bythe Board upon the following subjects:

(a) The signs of death.

(b) The manner by which death may be determined.

(c) The laws governing the preparation, burial anddisposal of dead human bodies, and the shipment of bodies of persons dying frominfectious or contagious diseases.

(d) Local health and sanitary ordinances andregulations relating to funeral directing and embalming.

(e) Federal regulations governing funeral practices.

(f) The laws and regulations of this State relating tofuneral directing and embalming.

4. An applicant who has passed the nationalexamination given by the International Conference of Funeral Service ExaminingBoards is not required to take any portion of the examination set forth insubsection 3 that repeats or duplicates a portion of the national examination.

5. An application for:

(a) A funeral directors license must be accompanied bythe application fee and the examination fee prescribed in NRS 642.0696.

(b) A license to conduct direct cremations or immediateburials must be accompanied by the application fee prescribed in NRS 642.0696.

(Added to NRS by 1959, 844; A 1975, 709; 1993, 2613;1995, 269; 2001, 414;2003, 1274)

NRS 642.363 Permitrequired to operate funeral establishment.

1. The owner of a funeral establishment shall notoperate or allow another person to operate the establishment unless the ownerhas been issued a permit by the board to operate the funeral establishment.

2. If a person owns more than one funeral establishment,he must submit an application and obtain a permit for each funeralestablishment he owns.

(Added to NRS by 1995, 266)

NRS 642.365 Applicationfor permit to operate funeral establishment; qualifications of applicant; fee.

1. An application for a permit to operate a funeralestablishment must be in writing and verified on a form provided by the Board.

2. Each applicant must furnish proof satisfactory tothe Board that:

(a) He is of good moral character;

(b) He is at least 18 years old; and

(c) The funeral establishment for which he isrequesting the permit is constructed, equipped and maintained in the mannerdescribed in NRS 642.016.

3. Each application must be accompanied by theapplication fee prescribed in NRS 642.0696.

(Added to NRS by 1995, 266; A 2003, 1274)

NRS 642.370 Moralcharacter of applicant for license. Eachapplicant for a funeral directors license or a license to conduct directcremations or immediate burials must furnish proof satisfactory to the Boardthat he is of good moral character.

(Added to NRS by 1959, 844; A 1995, 269)

NRS 642.390 Investigationby Board. Upon receipt of an application for apermit to operate a funeral establishment, a funeral directors license or alicense to conduct direct cremations or immediate burials, the Board shallcause an investigation to be made as to the character of the applicant, and mayrequire such showing as will reasonably prove his good moral character.

(Added to NRS by 1959, 844; A 1993, 2614; 1995, 269;1997, 510; 2003, 1275)

NRS 642.400 Subpoenas;hearings; requirements for issuance of license.

1. The Board may subpoena witnesses.

2. After a proper hearing, the Board shall issue to anapplicant a funeral directors license or a license to conduct directcremations or immediate burials if it finds that the applicant:

(a) Is of good moral character;

(b) Fulfills the requirements set forth in this chapterfor the license; and

(c) Has paid all fees related to the application.

(Added to NRS by 1959, 845; A 1981, 102; 1995, 270; 2003, 1275)

NRS 642.410 Timelimited for issuance or denial of license. Everyapplication shall be granted or refused within 90 days from the date of filingof such application in case a hearing is held.

(Added to NRS by 1959, 845)

NRS 642.420 Renewalof license: Fee. Each licensed funeraldirector and each person who is licensed to conduct direct cremations or immediateburials shall pay the annual fee prescribed in NRS 642.0696 for the renewal of hislicense.

(Added to NRS by 1959, 845; A 1975, 710; 1995, 270; 2003, 1275)

NRS 642.430 Renewalof license: Procedure.

1. The Board shall mail, on or before January 1 ofeach year, to each licensed funeral director and each person licensed toconduct direct cremations or immediate burials, addressed to him at his lastknown address, a notice that his renewal fee is due and that if the renewal feeis not paid by February 1, a fee for the late renewal of the license will beadded to the renewal fee, and in no case will the fee for late renewal bewaived.

2. Upon receipt of the renewal fee, all informationrequired to complete the renewal and any fee for late renewal imposed pursuantto subsection 1, the Board shall issue a renewal certificate to the licensee.

(Added to NRS by 1959, 845; A 1975, 710; 1993, 2614;1995, 270; 1997, 2159; 2003,1275; 2005, 2769,2807)

NRS 642.435 Renewalof permit: Fee; unannounced inspection; notice; penalty for late renewal fee;issuance of renewal certificate.

1. Each person who is issued a permit to operate afuneral establishment must pay the annual fee prescribed in NRS 642.0696 for the renewal of thepermit.

2. The Board shall, before renewing a permit tooperate a funeral establishment, make an unannounced inspection of theestablishment for which the permit was issued to ensure compliance with:

(a) The laws governing the preparation, burial anddisposal of dead human bodies, and the shipment of bodies of persons who havedied from infectious or contagious diseases;

(b) Local health and sanitary ordinances andregulations relating to funeral directing and embalming; and

(c) Federal regulations governing funeral practices.

Each personwho is issued a permit to operate a funeral establishment shall be deemed tohave consented to such an inspection as a condition for the issuance of thepermit.

3. The Board shall, on or before January 1 of eachyear, mail to each holder of a permit to operate a funeral establishment anotice that the renewal fee for the permit is due and that if the renewal feeis not paid by February 1, a penalty will be added to the renewal fee, and inno case will the penalty be waived.

4. Upon receipt of the renewal fee and any penaltiesimposed by the Board pursuant to subsection 3, the Board shall issue a renewalcertificate to the holder of the permit.

(Added to NRS by 1995, 267; A 2003, 1275)

NRS 642.440 Reinstatementof lapsed license. When a licensed funeraldirector has for any reason allowed his license to lapse, the Board mayreinstate such license if application therefor is made within a period of 3years from the time of the lapse and is accompanied by:

1. All fees, including penalties, from the time of thelapse to date of reinstatement; and

2. All information required to complete thereinstatement.

(Added to NRS by 1959, 845; A 1997, 2159; 2005, 2769, 2807)

NRS 642.450 Specialtemporary license issued to legal representative of deceased funeral director:Limitations and conditions.

1. In case of the death of a licensed funeral directorwho leaves a funeral establishment as part or all of his estate, the Board mayissue to the legal representative of the deceased funeral director, if thelegal representative is of good moral character, a special temporary license asa funeral director for the duration of the administration of the estate, but inno case to exceed 1 year.

2. The fees for the application, issuance and renewalof a special temporary license and any other fees related to the specialtemporary license and the time for payment of such fees must be the same asthose required for regular licenses.

(Added to NRS by 1959, 844; A 1975, 710; 1995, 270; 2003, 1276)

NRS 642.455 Placementof license on inactive status; reactivation.

1. Upon written request to the Board andpayment of the fee prescribed in NRS642.0696, a person who holds a funeral directors license or a license toconduct direct cremations or immediate burials and who is a licensee in goodstanding may have his license placed on inactive status. A licensee whoselicense has been placed on inactive status shall not engage in the business offuneral directing or conducting direct cremations or immediate burials duringthe period in which his license is inactive.

2. If a licensee wishes to resume the business offuneral directing or conducting direct cremations or immediate burials, theBoard shall reactivate his license upon the:

(a) Demonstration, if deemed necessary by the Board,that he is qualified and competent to practice;

(b) Completion of an application; and

(c) Payment of the fee for the renewal of the licenseand any other fees related to the reactivation of the license.

3. A licensee is not required to pay the fee for therenewal of his license or any fees or penalties related to the renewal of hislicense for any year during the period in which his license was inactive.

(Added to NRS by 1997, 2577; A 2003, 1276)

NRS 642.460 Contentsand display of license. Each funeraldirectors license and license to conduct direct cremations or immediateburials must specify the name of the licensee and be displayed conspicuously inthe place of business or employment of the licensee.

(Added to NRS by 1959, 845; A 1995, 271)

NRS 642.465 Contentsand display of permit; operation of funeral establishment by person named onpermit.

1. Each permit to operate a funeral establishment mustspecify the name of the owner of the establishment and be displayedconspicuously in the funeral establishment for which it was issued.

2. A funeral establishment must not be operated oradvertised as being operated by any person other than the owner of the funeralestablishment as his name appears on the permit to operate that funeralestablishment.

(Added to NRS by 1995, 266)

Disciplinary Action

NRS 642.470 Groundsfor disciplinary action. The following actsare grounds for which the Board may take disciplinary action against a personwho holds a funeral directors license, a permit to operate a funeralestablishment or a license to conduct direct cremations or immediate burials,or refuse to issue such a license or permit to an applicant therefor:

1. Conviction of a crime involving moral turpitude.

2. Unprofessional conduct.

3. False or misleading advertising.

4. Conviction of a felony relating to the practice offuneral directors.

5. Conviction of a misdemeanor that is relateddirectly to the business of a funeral establishment.

(Added to NRS by 1959, 846; A 1993, 2614; 1995, 271;1997, 2580; 2003,2717)

NRS 642.473 Authorizeddisciplinary action; private reprimands prohibited; orders imposing disciplinedeemed public records.

1. If the Board determines that a person whoholds a funeral directors license, a permit to operate a funeral establishmentor a license to conduct direct cremations or immediate burials has committedany of the acts set forth in NRS 642.470,the Board may:

(a) Refuse to renew his license or permit;

(b) Revoke his license or permit;

(c) Suspend his license or permit for a definite periodor until further order of the Board;

(d) Impose a fine of not more than $5,000 for each actthat constitutes a ground for disciplinary action;

(e) Place him on probation for a definite periodsubject to any reasonable conditions imposed by the Board;

(f) Administer a public reprimand; or

(g) Impose any combination of disciplinary actions setforth in paragraphs (a) to (f), inclusive.

2. The Board shall not administer a private reprimand.

3. An order that imposes discipline and the findingsof fact and conclusions of law supporting that order are public records.

(Added to NRS by 1997, 2577; A 2003, 1276, 3461; 2005, 797)

NRS 642.480 Unprofessionalconduct defined. For the purposes of NRS 642.470, unprofessional conductincludes:

1. Misrepresentation or fraud in the operation of afuneral establishment or the practice of a funeral director or person licensedto conduct direct cremations or immediate burials.

2. Solicitation of dead human bodies by the licenseeor his agents, assistants or employees, whether the solicitation occurs afterdeath or while death is impending, but this does not prohibit generaladvertising.

3. Employment by a holder of a permit to operate afuneral establishment or licensee of persons commonly known as cappers,steerers or solicitors, or of other persons to obtain funeral directing orembalming business.

4. Employment, directly or indirectly, of anyapprentice, agent, assistant, embalmer, employee or other person, on part- orfull-time or on commission, to call upon natural persons or institutions bywhose influence dead human bodies may be turned over to a particular funeraldirector or embalmer.

5. The buying of business by a holder of a permit tooperate a funeral establishment or a licensee or his agents, assistants oremployees, or the direct or indirect payment or offer of payment of acommission by the holder of a permit or a licensee or his agents, assistants oremployees, to secure business.

6. Gross immorality.

7. Aiding or abetting an unlicensed person to practicefuneral directing or embalming.

8. Using profane, indecent or obscene language in thepresence of a dead human body, or within the immediate hearing of the family orrelatives of a deceased whose body has not yet been interred or otherwisedisposed of.

9. Solicitation or acceptance by a holder of a permitto operate a funeral establishment or licensee of any commission, bonus orrebate in consideration of recommending or causing a dead human body to bedisposed of in any crematory, mausoleum or cemetery.

10. Except as otherwise provided in this subsection, usingany casket or part of a casket which has previously been used as a receptaclefor, or in connection with, the burial or other disposition of a dead humanbody. The provisions of this subsection do not prohibit the rental of the outershell of a casket into which a removable insert containing a dead human body isplaced for the purpose of viewing the body or for funeral services, or both,and which is later removed from the outer shell for cremation.

11. Violation of any provision of this chapter, anyregulation adopted pursuant thereto or any order of the Board.

12. Violation of any state law or municipal or countyordinance or regulation affecting the handling, custody, care or transportationof dead human bodies.

13. Fraud or misrepresentation in obtaining a permitor license.

14. Refusing to surrender promptly the custody of adead human body, upon the express order of the person lawfully entitled to thecustody thereof.

15. Taking undue advantage of the patrons of a funeralestablishment or being guilty of fraud or misrepresentation in the sale ofmerchandise to those patrons.

16. The theft or misappropriation of money in a trustfund established and maintained pursuant to chapter689 of NRS.

17. Habitual drunkenness or the unlawful use of acontrolled substance.

(Added to NRS by 1959, 846; A 1993, 2615; 1995, 271; 2003, 1277)

NRS 642.490 Falseor misleading advertising defined. For thepurposes of NRS 642.470, false ormisleading advertising includes:

1. Advertising the price of caskets exclusively,without stating the prices of other merchandise and services.

2. Offering service at cost plus a percentage, whenthe determination of the cost lies within the control of the owner of thefuneral establishment or the funeral director or embalmer and is not published.

3. Advertising or selling certificates of stockparticipation or any form of agreement which creates the impression with thepurchaser, when such is not a fact, that he becomes a part owner in theadvertisers establishment and is therefore entitled to special price privilegesfor funeral services.

4. Advertising prices below the reasonable economiccost of merchandise, service and overhead.

5. Advertising which impugns the honesty,trustworthiness or business or professional standards of competitors or whichstates that the prices charged by competitors are considerably higher thanthose charged by the advertiser, when such is not the fact.

6. Advertising which represents the advertiser to bethe special defender of the public interest or which makes it appear that theadvertiser is subjected to the combined attack of competitors. Such expressionsas independent, not in trust, not controlled by the combine and otherexpressions having the same or similar import shall be deemed to be misleadingunless it is shown by the advertiser that there is a trust or a combine,and that other funeral establishments or funeral directors constitute amonopoly for the purpose of maintaining prices or for any other purpose. Theburden of proving the existence of a trust, combine or monopoly is uponthe advertiser asserting the existence of that trust, combine ormonopoly.

(Added to NRS by 1959, 847; 1995, 272)

NRS 642.500 Petitionfor revocation or suspension of license or permit.

1. A petition for the revocation or suspension of apermit to operate a funeral establishment, funeral directors license orlicense to conduct direct cremations or immediate burials may be filed by theAttorney General or by the district attorney of the county in which the funeralestablishment exists or the licensee resides or has practiced, or by any personresiding in this State.

2. The petition must be filed with the Board and statethe charges against the licensee with reasonable definiteness.

(Added to NRS by 1959, 847; A 1995, 273; 2005, 797)

NRS 642.510 Orderof revocation or suspension of license or permit.

1. Each order of revocation or suspension of a permitto operate a funeral establishment must be entered of record and the name ofthe holder of the permit stricken from the roster of permits and the funeralestablishment may not be operated after revocation of the permit or during theperiod it is suspended.

2. Each order of revocation or suspension of a funeraldirectors license or license to conduct direct cremations or immediate burialsmust be entered of record and the name of the licensee stricken from the rosterof licenses and the licensee may not engage in the practice of funeraldirecting or conducting direct cremations or immediate burials after revocationof his license or during the period it is suspended.

(Added to NRS by 1959, 847; A 1995, 273)

ADDITIONAL PROVISIONS GOVERNING LICENSES, CERTIFICATES ANDPERMITS

NRS 642.515 Temporaryauthorization for applicant to engage in regulated activities while applicationfor license, certificate or permit is pending.

1. The Board may provide for a temporary authorizationfor an applicant for a license, certificate or permit issued by the Boardpursuant to this chapter or chapter 451 or 452 of NRS. The temporary authorization allows anapplicant who has satisfied the requirements of and paid the applicable feesfor the license, certificate or permit to carry out the duties authorized bythe license, certificate or permit.

2. The temporary authorization is effective during theperiod which begins upon issuance by the Board and ends when the Board takesaction on the application for the license, certificate or permit.

(Added to NRS by 2003, 1267)

NRS 642.518 Immediatesuspension of license, certificate or permit: Grounds; procedure. Notwithstandingthe provisions of chapter 622A of NRS:

1. If the Board finds that probable cause exists forthe revocation of a license, permit or certificate issued by the Board pursuantto the provisions of this chapter or chapter 451or 452 of NRS, and that enforcement of theprovisions of this chapter or chapter 451 or 452 of NRS requires immediate suspension of thelicense, permit or certificate pending an investigation, the Board may, upon 5days written notice and a preliminary hearing, enter an order suspending thelicense, permit or certificate for a period of not more than 60 days, pending ahearing upon the revocation of the license, permit or certificate.

2. For the purposes of this section, notice shall bedeemed to be sufficient if the notice is personally served on the holder of thelicense, permit or certificate or posted at the address of the holder, asindicated in the records of the Board, at least 5 days before the preliminaryhearing.

3. The provisions of NRS241.034 do not apply to any action that is taken by the Board pursuant tothis section.

(Added to NRS by 2003, 1266; A 2005, 798)

NRS 642.521 Suspensionof license or certificate of registration for failure to pay child support orcomply with certain subpoenas or warrants; reinstatement of license orcertificate of registration. [Expires by limitation 2 years after the date ofthe repeal of the federal law requiring each state to establish procedures forwithholding, suspending and restricting the professional, occupational andrecreational licenses for child support arrearages and for noncompliance withcertain processes relating to paternity or child support proceedings.]

1. If the Board receives a copy of a court orderissued pursuant to NRS 425.540 thatprovides for the suspension of all professional, occupational and recreationallicenses, certificates and permits issued to a person who is the holder of alicense to practice the profession of embalming, a funeral directors license,a license to conduct direct cremations or immediate burials or a certificate ofregistration as an apprentice embalmer, the Board shall deem the license orcertificate of registration issued to that person to be suspended at the end ofthe 30th day after the date on which the court order was issued unless theBoard receives a letter issued to the holder of the license or certificate ofregistration by the district attorney or other public agency pursuant to NRS 425.550 stating that the holder of thelicense or certificate of registration has complied with the subpoena orwarrant or has satisfied the arrearage pursuant to NRS 425.560.

2. The Board shall reinstate a license to practice theprofession of embalming, a funeral directors license, a license to conductdirect cremations or immediate burials or a certificate of registration as anapprentice embalmer that has been suspended by a district court pursuant to NRS 425.540 if the Board receives a letterissued by the district attorney or other public agency pursuant to NRS 425.550 to the person whose license orcertificate of registration was suspended stating that the person whose licenseor certificate of registration was suspended has complied with the subpoena orwarrant or has satisfied the arrearage pursuant to NRS 425.560.

(Added to NRS by 1997, 2157; A 2005, 2807)

NRS 642.524 Confidentialityof certain records of Board; exceptions.

1. Except as otherwise provided in this section, acomplaint filed with the Board, all documents and other information filed withthe complaint and all documents and other information compiled as a result ofan investigation conducted to determine whether to initiate disciplinary actionagainst a person are confidential, unless the person submits a written statementto the Board requesting that such documents and information be made publicrecords.

2. The charging documents filed with the Board toinitiate disciplinary action pursuant to chapter622A of NRS and all documents and information considered by the Board whendetermining whether to impose discipline are public records.

3. The provisions of this section do not prohibit theBoard from communicating or cooperating with or providing any documents orother information to any other licensing board or any other agency that isinvestigating a person, including, without limitation, a law enforcementagency.

(Added to NRS by 2003, 3461; A 2005, 798)

JUDICIAL REVIEW

NRS 642.530 Availabilityof judicial review; exceptions.

1. Except as otherwise provided in subsection 2, aperson may seek judicial review of any final decision of the Board that is madepursuant to the provisions of this chapter or chapter451 or 452 of NRS. Such judicial reviewmust be conducted as provided by law.

2. A person may not seek judicial review of anydecision of the Board that orders an immediate suspension of a license, permitor certificate pursuant to NRS 642.518.

(Added to NRS by 1959, 848; A 1977, 91; 2003, 1278; 2005, 798)

NRS 642.540 Stayof decision of Board upon posting of bond pending judicial review. Notwithstanding the provisions of chapter 622A of NRS, if a holder of a license,permit or certificate seeks judicial review of the decision of the Board torevoke or suspend his license, permit or certificate, the decision of the Boardmust not be stayed by the proceedings on judicial review and the judicialreview must not operate to restore the right of the holder of the license,permit or certificate to operate or practice pending the judicial review,unless a bond with a sufficient surety approved by the clerk of the districtcourt is posted with the clerk, in such an amount as the district court mayrequire, conditioned that the judicial review will be prosecuted withoutunnecessary delay and that, if the decision of the Board is affirmed, theholder of the license, permit or certificate will pay all costs.

(Added to NRS by 1959, 848; A 1995, 273; 2003, 1278; 2005, 799)

APPLICABILITY OF CHAPTER

NRS 642.550 Exclusions. This chapter does not apply to:

1. Persons engaged as layers-out or to those whoshroud the dead.

2. Employees of any cemetery whose duty or businessextends no further.

3. Officers or employees of any state or federalinstitution.

4. A person who inters the human remains of a nativeIndian pursuant to NRS 383.150 to 383.190, inclusive.

5. Commissioned officers serving in the Armed Forcesof the United States.

6. Persons who provide services regarding funerals foror the burial of pets only.

[Part 7:28:1909; RL 4451; NCL 2671](NRS A 1989,576; 1993, 2616, 2755; 1995, 723)

ENFORCEMENT; PROHIBITED PRACTICES; PENALTIES

NRS 642.555 Actionsand remedies cumulative and not exclusive.

1. The actions and remedies authorized by this chapterare cumulative.

2. When an agency or officer elects to take aparticular action or pursue a particular remedy authorized by this chapter oranother specific statute, that election is not exclusive and does not precludethe agency or officer or another agency or officer from taking any otheractions or pursuing any other remedies authorized by this chapter or anotherspecific statute.

(Added to NRS by 2003, 1266)

NRS 642.557 Ordersrequiring person to desist or refrain from engaging in certain conduct. Notwithstandingthe provisions of chapter 622A of NRS:

1. If the Board has reasonable cause to believe thatany person is violating or is threatening to or intends to violate anyprovision of this chapter or chapter 451 or 452 of NRS, any regulation adopted by the Boardpursuant thereto or any order of the Board, the Board may enter an orderrequiring the person to desist or refrain from engaging in the violation.

2. The provisions of NRS241.034 do not apply to any action that is taken by the Board pursuant tothis section.

(Added to NRS by 2003, 1266; A 2005, 799)

NRS 642.560 Admittanceof unauthorized person to certain rooms in funeral home or mortuary prohibited. No funeral director or embalmer may permit any person toenter any room in any funeral home or mortuary where dead bodies are beingembalmed, except licensed embalmers and their assistants, funeral directors,public officers in the discharge of their official duties, and attendingphysicians and their assistants, unless by direct permission of the immediatefamily of the deceased.

(Added to NRS by 1959, 848; A 1975, 710)

NRS 642.570 Prosecutionof violations. In a manner consistent with theprovisions of chapter 622A of NRS, the Boardshall cause the prosecution of all persons violating any provision of thischapter or chapter 451 or 452 of NRS.

[Part 3:28:1909; A 1917, 66; 1919 RL 4447; NCL 2667](NRS A 2003,1278; 2005, 799)

NRS 642.575 Injunctions. The Board may bring legal proceedings to enjoin any personwho violates any provision of this chapter, any regulation adopted pursuantthereto or any order of the Board from practicing the profession of embalming.Any person who is so enjoined is liable to the Board for attorneys fees andcourt costs.

(Added to NRS by 1993, 2610; A 2003, 1279)

NRS 642.580 Penaltyfor practicing embalming without license. Anyperson who shall practice or hold himself out as practicing the profession ofembalming of dead human bodies without having complied with the provisions ofthis chapter shall be punished by a fine of not more than $500 for eachoffense.

[Part 7:28:1909; RL 4451; NCL 2671](NRS A 1967,643)

NRS 642.590 Penaltyfor taking care of disposition of dead human bodies or performing directcremations or immediate burials without license; penalty for operating funeralestablishment without permit; penalty for giving or receiving commission tosecure business.

1. Any funeral director who attempts to take care ofthe disposition of dead human bodies or any person who performs or attempts toperform direct cremations or immediate burials without having complied with theprovisions of this chapter, and without being licensed pursuant to thischapter, or who continues in the business of a funeral director or continues toconduct direct cremations or immediate burials after his license has beenrevoked shall be fined not more than $500. Each day that he is engaged in thebusiness of a funeral director or that he conducts direct cremations orimmediate burials is a separate offense.

2. Any owner of a funeral establishment who operatesor allows another person to operate the establishment without having compliedwith the provisions of this chapter, or who continues to operate or allowanother person to operate the establishment after his permit to operate theestablishment has been revoked shall be fined not more than $500. Each day thathe operates or allows another person to operate the establishment is a separateoffense.

3. Any owner of a funeral establishment or a funeraldirector or any person acting for him who pays or causes to be paid, directlyor indirectly, any money or other thing of value as a commission or gratuityfor the securing of business as an owner of a funeral establishment or afuneral director and every person who accepts or offers to accept any money orthing of value as a commission or gratuity from an owner of a funeralestablishment or a funeral director to secure business for that person isguilty of a misdemeanor.

(Added to NRS by 1959, 848; A 1967, 643; 1975, 710;1995, 274)

 

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