SUMMARY--Revises provisions governing funeral directors, embalmers and operators of cemeteries and crematories. (BDR 54-944)
FISCAL NOTE: Effect on Local Government: Yes.
Effect on the State or on Industrial Insurance: No.
EXPLANATION - Matter in italics is new; matter in brackets [ ] is material to be omitted.
AN ACT relating to professions; revising the provisions governing disciplinary action that may be taken against funeral directors, embalmers and operators of cemeteries and crematories; revising the provisions governing the licensing of an embalmer who is licensed in another state; authorizing the state board of funeral directors, embalmers and operators of cemeteries and crematories to allow embalming under certain circumstances; revising the provisions governing the disposition of the cremated remains of certain dead bodies by an operator of a crematory; prohibiting an operator of a crematory from charging a public officer a fee for storing cremated remains; providing a penalty; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1 Chapter 642 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 6, inclusive, of this act.
Sec. 2 1. Except as otherwise provided in subsection 4, all reasonable expenses incurred by the board in carrying out the provisions of this chapter must be paid from the money which it receives. No part of the salaries or expenses of the board may be paid out of the state general fund.
2. Except as otherwise provided in this section, all money collected by the board from the imposition of fines must be deposited with the state treasurer for credit to the state general fund. All other money received by the board must be deposited in qualified banks or savings and loan associations in this state and paid out on its order for its expenses.
3. The board may delegate to a hearing officer or panel its authority to take any disciplinary action pursuant to this chapter, impose and collect fines therefor and deposit the money therefrom in banks or savings and loan associations in this state.
4. If a hearing officer or panel is not authorized to take disciplinary action pursuant to subsection 3 and the board deposits the money collected from the imposition of fines with the state treasurer for credit to the state general fund, it may present a claim to the state board of examiners for recommendation to the interim finance committee if money is needed to pay attorney's fees or the costs of an investigation, or both.
Sec. 3 If the board determines that a person who is licensed to practice the profession of embalming pursuant to this chapter has committed any of the acts set forth in NRS 642.130, the board may:
1. Refuse to renew his license;
2. Revoke his license;
3. Suspend his license for a definite period or until further order of the board;
4. Impose a fine of not more than $5,000 for each act which constitutes a ground for disciplinary action;
5. Place him on probation for a definite period subject to any reasonable conditions imposed by the board;
6. Administer a public or private reprimand;
7. Require him to pay the costs incurred by the board in taking disciplinary action against him; or
8. Impose any combination of disciplinary actions set forth in this section.
Sec. 4 1. If the board determines that a person who holds a funeral director's license, a permit to operate a funeral establishment or a license to conduct direct cremations or immediate burials has committed any 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 period or until further order of the board;
(d) Impose a fine of not more than $5,000 for each act that constitutes a ground for disciplinary action;
(e) Place him on probation for a definite period subject to any reasonable conditions imposed by the board;
(f) Administer a public or private reprimand;
(g) Require him to pay the costs incurred by the board in taking disciplinary action against him; or
(h) Impose any combination of disciplinary actions set forth in paragraphs (a) to (g), inclusive.
2. Before the board may refuse to renew, or suspend or revoke a license or permit for any of the acts set forth in NRS 642.470, the board shall give at least 10 days' notice in writing to the licensee or holder of the permit. The notice must contain a brief statement of the reasons for the proposed action of the board and designate a time and place for a hearing before any final action is taken.
Sec. 5 1. Upon written request to the board and payment of a fee not to exceed $150, a person who is licensed to practice the profession of embalming in this state and who is a licensee in good standing may have his license placed on inactive status. A licensee whose license has been placed on inactive status shall not engage in the practice of the profession of embalming during the period in which his license is inactive.
2. If a licensee wishes to resume the practice of the profession 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 license.
3. A licensee is not required to pay the fee, including penalties, for the renewal of a license for any year during the period in which his license was inactive.
Sec. 6 1. Upon written request to the board and payment of a fee not to exceed $150, a person who holds a funeral director's license or a license to conduct direct cremations or immediate burials and who is a licensee in good standing may have his license placed on inactive status. A licensee whose license has been placed on inactive status shall not engage in the business of funeral directing or conducting direct cremations or immediate burials during the period in which his license is inactive.
2. If a licensee wishes to resume the business of funeral directing or conducting direct cremations or immediate burials, 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 license.
3. A licensee is not required to pay the fee, including penalties, for the renewal of a license for any year during the period in which his license was inactive.
Sec. 7 NRS 642.019 is hereby amended to read as follows:
642.019Each holder of a license or certificate issued by the board pursuant to this chapter or chapter 451 or 452 of NRS shall comply with the provisions of Part 453 of Title 16 of the Code of Federal Regulations . [, as those provisions exist on October 1, 1993.]
Sec. 8 NRS 642.090 is hereby amended to read as follows:
642.0901. Every person who wishes to practice the profession of embalming shall appear before the board and, upon payment of a fee not to exceed $300 to cover expenses of examination, must be examined in the knowledge of the subjects set forth in subsection 2. Examinations must be in writing and the board may require actual demonstration on a cadaver. If an applicant has previously taken and passed the national examination given by the Conference of Funeral [Services] Service Examining Boards of the United States, [Incorporated,] the applicant need not retake that examination for purposes of licensing in the State of Nevada. All examination papers must be kept on record by the board.
2. The members of the board shall examine applicants for licenses in the following subjects:
(a) Anatomy, sanitary science and signs of death.
(b) Care, disinfection, preservation, transportation of and 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 and contagious diseases.
(e) Chemistry, including toxicology.
(f) Restorative art, including plastic surgery and derma surgery.
(g) Regulations of the state board of health relating to infectious diseases and quarantine.
(h) Any other subject which the board may determine by regulation to be necessary or proper to prove the efficiency and qualification of the applicant.
3. If an applicant fulfills the requirements of NRS 642.080 and has passed the examination provided for by this chapter, the board shall issue to the applicant a license to practice the profession of embalming for 1 year.
Sec. 9 NRS 642.100 is hereby amended to read as follows:
642.100Reciprocity may be arranged by the board if an applicant:
1. Is a graduate of a school of mortuary science which is accredited by the Conference of Funeral [Services] Service Examining Boards of the United States ; [, Incorporated;]
2. Is licensed as an embalmer in another state;
3. Has practiced embalming successfully for at least 5 years [,] and practiced actively for 2 years immediately preceding the application for a license by reciprocity;
4. Is of good moral character;
5. Has passed the examination given by the board on the subjects set forth in subsection 2 of NRS 642.090 [; and] or the national examination given by the Conference of Funeral Service Examining Boards of the United States;
6. Possesses knowledge of the applicable statutes and regulations of this state governing embalmers; and
7. Pays a fee not to exceed $300 to the secretary of the board.
Sec. 10 NRS 642.130 is hereby amended to read as follows:
642.130 The [board may revoke any license to practice the profession of embalming, issued in accordance with the provisions of this chapter, by a unanimous vote of the board for:] following acts are grounds for which the board may take disciplinary action against a person who is licensed to practice the profession of embalming pursuant to this chapter 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 or attempting to obtain a license to practice the profession of embalming.
5. Employment by the licensee of persons commonly known as "cappers," "steerers" or "solicitors," or of other persons to obtain funeral directing or embalming business.
6. Malpractice.
7. Gross immorality.
8. The unlawful use of any controlled substance.
9. Conviction of a felony.
10. False or misleading advertising as defined in NRS 642.490, or false or misleading statements in the sale of merchandise or services.
11. Refusal to surrender promptly the custody of a dead human body upon the request of a person who is legally entitled to custody of the body.
12. Violation by the licensee of any provision of this chapter, any regulation adopted pursuant thereto or any other law of this state relating to the practice of any of the professions regulated by the board.
13. The theft or misappropriation of money in a trust fund established and maintained pursuant to chapter 689 of NRS.
Sec. 11 NRS 642.140 is hereby amended to read as follows:
642.1401. Before [any license shall be revoked, the holder thereof shall be entitled to] the board may revoke a license to practice the profession of embalming, it shall give the licensee at least 30 days' written notice of the charge against him and of the time and place of the hearing . [and determining such charge. At such time and place he shall be entitled to be heard.]
2. Upon the revocation of [any] the license, the secretary of the board shall strike the name of the licensee from the register of licensed embalmers and [shall] notify all railroad, transportation and express companies doing business in the State of Nevada, and all licensed embalmers in this state, of [such] that action.
Sec. 12 NRS 642.470 is hereby amended to read as follows:
642.470 The [board shall suspend or revoke a funeral director's license, a permit to operate a funeral establishment or a license to conduct direct cremations or immediate burials, after a hearing and after 10 days' notice to the licensee or holder of a permit to operate a funeral establishment if the licensee or holder of the permit is found guilty of any of the following acts or omissions:] following acts are grounds for which the board may take disciplinary action against a person who holds a funeral director's license, a permit to operate a funeral establishment 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.
5. Conviction of a misdemeanor that is related directly to the business of a funeral establishment.
Sec. 13 NRS 451.065 is hereby amended to read as follows:
451.0651. [No] Except as otherwise provided in subsections 2 and 3, no crematory, funeral home, cemetery or other place [which] that accepts human remains for disposition may require the remains to be embalmed or otherwise prepared before their disposition by cremation, interment or otherwise, or before their removal from or into any registration district.
2. The state board of health may require embalming or other preparations if necessary to protect the public.
[2.] 3. If embalming is not required by the state board of health pursuant to subsection 2, the state board of funeral directors, embalmers and operators of cemeteries and crematories may authorize the embalming of a body if it determines that it is necessary to preserve the body and the crematory, funeral home, cemetery or other place that accepts human remains for disposition:
(a) Has held the body for at least 72 hours;
(b) Is unable to notify a member of the family or other authorized person to obtain approval to embalm the body; and
(c) Has no reason to believe that the family or other authorized person does not wish to have the body embalmed.
4. Any person who violates this section is guilty of a misdemeanor.
Sec. 14 NRS 451.695 is hereby amended to read as follows:
451.6951. Except as otherwise provided in subsection 2:
(a) The agent who orders cremation is responsible for the disposition of cremated remains. If within 30 days after cremation the person named in the authorization has not claimed [particular] the cremated remains and no other disposition is specified in the authorization, the operator of a crematory may place the [urn containing those] vessel containing the cremated remains in a common compartment with other unclaimed [urns.] cremated remains. The operator may charge a fee for storage when the [urn is claimed.
2.] cremated remains are claimed.
(b) If within 2 years after cremation the agent has not claimed the cremated remains or specified their ultimate disposition, the operator may dispose of the cremated remains in any manner not prohibited by NRS 451.700. The agent is liable to the operator for all reasonable expenses of disposition.
2. If cremation was ordered pursuant to subsection 2 of NRS 451.650:
(a) The operator may dispose of the cremated remains in any manner not prohibited by NRS 451.700, if the cremated remains are not claimed by the agent within 1 year after cremation.
(b) The operator has a claim against the estate of the decedent for the reasonable expenses of the disposition if those expenses are not paid by the state or a political subdivision of the state.
(c) The operator shall not charge a public officer a fee for storage of the cremated remains.
3. An operator who complies with subsection 1 or 2, or both, has no further legal liability concerning the cremated remains so treated.
Sec. 15 The provisions of subsection 1 of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.
Sec. 16 The amendatory provisions of this act do not apply to offenses that are committed before the effective date of this act.
Sec. 17 This act becomes effective upon passage and approval.