SB323_R1

Senate Bill No. 323–Senator Shaffer

CHAPTER..........

AN ACT relating to professions; changing the name of the State Board of Funeral Directors, Embalmers and Operators of Cemeteries and Crematories to the Nevada State Funeral Board; removing the limitation concerning the number of consecutive terms of office a member of the Board may serve; authorizing the Board to establish certain fees by regulation; authorizing the Board to issue an order to desist or refrain from engaging in certain unlawful acts; authorizing the Board to order an immediate suspension of a license, permit or certificate under certain circumstances; revising certain provisions relating to disciplinary action; providing penalties; 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. NRS 622.010 is hereby amended to read as follows:

622.010 As used in this chapter, unless the context otherwise

requires, “occupational licensing board” includes, without

limitation:

1. The State Board of Architecture, Interior Design and

Residential Design.

2. The State Board of Landscape Architecture.

3. The State Contractors’ Board.

4. The State Board of Professional Engineers and Land

Surveyors.

5. The Board of Registered Environmental Health Specialists.

6. The Nevada State Board of Accountancy.

7. The Board of Medical Examiners.

8. The Board of Homeopathic Medical Examiners.

9. The Board of Dental Examiners of Nevada.

10. The State Board of Nursing.

11. The State Board of Osteopathic Medicine.

12. The Chiropractic Physicians’ Board of Nevada.

13. The State Board of Oriental Medicine.

14. The State Board of Podiatry.

15. The Nevada State Board of Optometry.

16. The Board of Dispensing Opticians.

17. The Board of Hearing Aid Specialists.

18. The Board of Examiners for Audiology and Speech

Pathology.

19. The Nevada State Board of Veterinary Medical Examiners.

20. The State Board of Pharmacy.

21. The State Board of Physical Therapy Examiners.

22. The Board of Occupational Therapy.

23. The Board of Psychological Examiners.

24. The Board of Examiners for Marriage and Family

Therapists.

25. The Board of Examiners for Social Workers.

26. The Board of Examiners for Alcohol and Drug Abuse

Counselors.

27. The [State Board of Funeral Directors, Embalmers and

Operators of Cemeteries and Crematories.] Nevada State Funeral

Board.

28. The State Barbers’ Health and Sanitation Board.

29. The State Board of Cosmetology.

30. The Real Estate Division of the Department of Business

and Industry.

31. The Commissioner of Financial Institutions.

32. The Private Investigator’s Licensing Board.

33. The Health Division of the Department of Human

Resources.

34. The Nevada State Board of Examiners for Administrators

of Facilities for Long-Term Care.

35. The Certified Court Reporters’ Board of Nevada.

Sec. 2. Chapter 642 of NRS is hereby amended by adding

thereto the provisions set forth as sections 3 to 6.7, inclusive, of this

act.

Sec. 3. “International Conference of Funeral Service

Examining Boards” means the International Conference of

Funeral Service Examining Boards, Incorporated, or any

successor in interest to that organization.

Sec. 4. 1. The actions and remedies authorized by this

chapter are cumulative.

2. When an agency or officer elects to take a particular action

or pursue a particular remedy authorized by this chapter or

another specific statute, that election is not exclusive and does not

preclude the agency or officer or another agency or officer from

taking any other actions or pursuing any other remedies

authorized by this chapter or another specific statute.

Sec. 5. 1. If the Board has reasonable cause to believe that

any person is violating or is threatening to or intends to violate

any provision of this chapter or chapter 451 or 452 of NRS, any

regulation adopted by the Board pursuant thereto or any order of

the Board, the Board may enter an order requiring the person to

desist or refrain from engaging in the violation.

2. The provisions of NRS 241.034 do not apply to any action

that is taken by the Board pursuant to this section.

Sec. 6. 1. If the Board finds that probable cause exists for

the revocation of a license, permit or certificate issued by the

Board pursuant to the provisions of this chapter or chapter 451 or

452 of NRS, and that enforcement of the provisions of this chapter

or chapter 451 or 452 of NRS requires immediate suspension of

the license, permit or certificate pending an investigation, the

Board may, upon 5 days’ written notice and a preliminary

hearing, enter an order suspending the license, permit or

certificate for a period of not more than 60 days, pending a

hearing upon the revocation of the license, permit or certificate.

2. For the purposes of this section, notice shall be deemed to

be sufficient if the notice is personally served on the holder of the

license, permit or certificate or posted at the address of the holder,

as indicated in the records of the Board, at least 5 days before the

preliminary hearing.

3. The provisions of NRS 241.034 do not apply to any action

that is taken by the Board pursuant to this section.

Sec. 6.3. In addition to the fees that the Board is authorized

or required to collect pursuant to the provisions of a specific

statute, 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 or permit200

Late renewal of a license, certificate or permit275

Placement of a license on inactive status175

Reactivation of a license to active status175

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

Transfer of a license, certificate or permit to another

location................................................... 225

Issuance of a duplicate license, certificate or permit 75

Provision of an administrative service.. 75

Sec. 6.7. 1. The Board may provide for a temporary

authorization for an applicant for a license, certificate or permit

issued by the Board pursuant to this chapter or chapter 451 or 452

of NRS. The temporary authorization allows an applicant who has

satisfied the requirements of and paid the applicable fees for the

license, certificate or permit to carry out the duties authorized by

the license, certificate or permit.

2. The temporary authorization is effective during the period

which begins upon issuance by the Board and ends when the

Board takes action on the application for the license, certificate or

permit.

Sec. 7. NRS 642.005 is hereby amended to read as follows:

642.005 As used in this chapter, unless the context otherwise

requires, the words and terms defined in NRS 642.010 to 642.017,

inclusive, and section 3 of this act have the meanings ascribed to

them in those sections.

Sec. 8. NRS 642.010 is hereby amended to read as follows:

642.010 “Board” means the [State Board of Funeral Directors,

Embalmers and Operators of Cemeteries and Crematories.] Nevada

State Funeral Board.

Sec. 9. NRS 642.019 is hereby amended to read as follows:

642.019 Each holder of a license , permit 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.

Sec. 10. NRS 642.020 is hereby amended to read as follows:

642.020 1. The [State Board of Funeral Directors,

Embalmers and Operators of Cemeteries and Crematories,] Nevada

State Funeral Board, consisting of five members appointed by the

Governor, is hereby created.

2. The Governor shall appoint:

(a) One member who is actively engaged as a funeral director

and embalmer.

(b) One member who is actively engaged as an operator of a

cemetery.

crematory.

(d) Two members who are representatives of the general public.

3. No member who is a representative of the general public

may:

(a) Be the holder of a license or certificate issued by the Board

or be an applicant or former applicant for such a license or

certificate.

(b) Be related within the third degree of consanguinity or

affinity to the holder of a license or certificate issued by the Board.

by the Board.

4. After the initial terms, members of the Board serve terms of

4 years, except when appointed to fill unexpired terms. [Each

member may serve no more than two consecutive full terms.]

5. The Chairman of the Board must be chosen from the

members of the Board who are representatives of the general public.

Sec. 11. NRS 642.055 is hereby amended to read as follows:

642.055 The Board may:

1. Maintain offices in as many localities in the State as it finds

necessary to carry out the provisions of this chapter[.] and chapters

451 and 452 of NRS.

2. Employ attorneys, investigators and other professional

consultants and clerical personnel necessary to the discharge of its

duties.

Secs. 12 and 13. (Deleted by amendment.)

Sec. 14. NRS 642.067 is hereby amended to read as follows:

642.067 The Board may inspect any premises in which the

business of funeral directing is conducted or where embalming is

practiced[,] and , for that purpose , may employ a licensed

embalmer of the State of Nevada as an inspector to aid in the

enforcement of this chapter and chapters 451 and 452 of NRS and

the [rules] regulations adopted pursuant thereto, whose

compensation and expenses shall be paid out of the fees collected by

the Board.

Sec. 15. NRS 642.0677 is hereby amended to read as follows:

642.0677 1. A member of the Board’s staff who is designated

by the Board may investigate an alleged violation of any provision

of this chapter[.] or chapter 451 or 452 of NRS, any regulation

adopted pursuant thereto or any order of the Board.

2. The designated member of the Board’s staff shall report his

findings to the Attorney General, who shall:

(a) Dismiss the investigation;

(b) Proceed in accordance with the provisions of this chapter or

chapter 451 or 452 of NRS, as appropriate, and chapter 233B of

NRS; or

paragraph (a) or (b).

Sec. 16. NRS 642.069 is hereby amended to read as follows:

642.069 1. The Board shall charge and collect an annual fee

from each holder of a license or certificate issued by the Board

pursuant to chapter 451 or 452 of NRS . [an]

2. The Board shall adopt regulations which establish the

annual fee in an amount that is sufficient in the aggregate, together

with the fees received from applicants during the previous year, to

defray the Board’s necessary expenses in performing its duties

[under those chapters.] pursuant to chapters 451 and 452 of NRS.

Sec. 17. NRS 642.070 is hereby amended to read as follows:

642.070 All fees collected under the provisions of this chapter

[shall] and chapters 451 and 452 of NRS must be paid to the

Treasurer of the Board to be used to defray the necessary expenses

of the Board. The Treasurer shall deposit the fees in banks, credit

unions or savings and loan associations in the State of Nevada.

Sec. 18. NRS 642.075 is hereby amended to read as follows:

642.075 1. Except as otherwise provided in subsection 4, all

reasonable expenses incurred by the Board in carrying out the

provisions of this chapter and chapters 451 and 452 of NRS 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, credit unions 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[,]

or chapter 451 or 452 of NRS, to impose and collect fines therefor

and to deposit the money therefrom in banks, credit unions 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. 19. NRS 642.080 is hereby amended to read as follows:

642.080 [An] Except as otherwise provided in NRS 642.100,

an applicant for a license to practice 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 2 academic

years of instruction by taking 60 semester or 90 quarter hours at an

accredited college or university. Credits earned at an embalming

college or school of mortuary science do not fulfill this requirement.

4. Have completed 12 full months of instruction in an

embalming college or school of mortuary science which is

accredited by the International Conference of Funeral [Services]

Service Examining Boards [of the United States, Incorporated,] and

approved by the Board, and have not less than 1 year’s practical

experience under the supervision of an embalmer licensed in the

State of Nevada.

5. Have actually embalmed at least 50 bodies under the

supervision of a licensed embalmer prior to the date of application.

6. Present to the Board affidavits of at least two reputable

residents of the county in which the applicant proposes to engage in

the practice of an embalmer to the effect that the applicant is of

good moral character.

Sec. 20. NRS 642.090 is hereby amended to read as follows:

642.090 1. Every person who wishes to practice the

profession of embalming must 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.] 5.

2. If a person is a registered apprentice, the person must

fulfill the requirements of NRS 642.310 and 642.330 before the

person may take the examination.

3. If a person is not a registered apprentice, the person must

pay the examination fee prescribed in section 6.3 of this act before

the person may take the examination.

4. Examinations must be in writing, and the Board may require

actual demonstration on a cadaver. An applicant who has passed the

national examination given by the International Conference of

Funeral Service Examining Boards is not required to take any

portion of the examination set forth in subsection [2] 5 that repeats

or duplicates a portion of the national examination. All examination

papers must be kept on record by the Board.

[2.] 5. 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.

(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) The laws and regulations of this state relating to funeral

directing and embalming.

(h) Regulations of the State Board of Health relating to

infectious diseases and quarantine.

(i) 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.] 6. If an applicant fulfills the requirements [of NRS

642.0195 and 642.080 and] set forth in this chapter to be licensed

to practice the profession of embalming, has passed the

examination [provided for] required by this chapter[,] and has paid

all fees related to the application and the examination, the Board

shall issue to the applicant a license to practice the profession of

embalming for 1 year.

Sec. 21. NRS 642.100 is hereby amended to read as follows:

642.100 Reciprocity may be arranged by the Board if an

applicant:

1. Is a graduate of an embalming college or a school of

mortuary science which is accredited by the International

Conference of Funeral 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 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] 5 of NRS 642.090 or the national

examination given by the International Conference of Funeral

Service Examining Boards;

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

[.] the fees prescribed in section 6.3 of this act.

Sec. 22. NRS 642.115 is hereby amended to read as follows:

642.115 1. Upon written request to the Board and payment of

[a fee not to exceed $150,] the fee prescribed in section 6.3 of this

act, 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

other fees related to the reactivation of the license.

3. A licensee is not required to pay the fee[, including

penalties,] for the renewal of [a] his license or any fees or penalties

related to the renewal of his license for any year during the period

in which his license was inactive.

Sec. 23. NRS 642.120 is hereby amended to read as follows:

642.120 1. If a licensee wishes to renew his license, the

Board shall renew his license, except for cause, [and the annual fee

for the renewal of a license must not exceed the sum of $200.] if the

licensee complies with the provisions of this section.

2. The [Board shall mail on or before January 1 of each year to

each licensed embalmer, addressed to him at his last known address,

a notice that his] renewal fee prescribed in section 6.3 of this act

and the statement required pursuant to NRS 642.0195 are due [and

that if] on January 1 of each year. If the statement is not submitted

or the renewal fee is not paid by February 1 , a [penalty of $100] fee

for the late renewal of the license will be added to the renewal fee,

and in no case will the [penalty] fee be waived.

[3.] 4. Upon receipt of the statement , [and] the renewal fee

and any penalties imposed pursuant to subsection [2,] 3, the Board

shall issue a renewal certificate to the licensee.

Sec. 24. NRS 642.130 is hereby amended to read as follows:

642.130 The 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 , any order of the Board 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. 25. NRS 642.180 is hereby amended to read as follows:

642.180 1. No person may serve as an apprentice under a

licensed embalmer or attempt to serve as an apprentice to a licensed

embalmer without first having procured from the Board a certificate

of registration as [an apprentice, and apprentices shall] a registered

apprentice.

2. Registered apprentices must be regularly employed as full-

time employees to receive apprenticeship credit.

Sec. 26. NRS 642.190 is hereby amended to read as follows:

642.190 Each applicant for a certificate of registration as a

registered apprentice [shall be] must:

1. Be of good moral character [,] and possess temperate habits

[, be] ;

2. Be at least 18 years of age[, and present] ;

3. Fulfill the requirements set forth in this chapter to be a

registered apprentice;

4. Present an affidavit from his preceptor that such applicant

shall enter upon his duties as soon as [such] the certificate is granted

[.] ; and

5. Pay any fees related to the application.

Sec. 27. NRS 642.200 is hereby amended to read as follows:

642.200 1. [Any person registering as an apprentice

embalmer] Each applicant for a certificate of registration as a

registered apprentice shall furnish proof that he is a high school

graduate and has completed 2 academic years of instruction by

taking 60 semester or 90 quarter hours at an accredited college or

university. Credits earned at an embalming college or a school of

mortuary science do not fulfill this requirement.

2. Such proof [shall] must be furnished before [such apprentice

can be registered with the Board.] the applicant may be issued a

certificate of registration as a registered apprentice.

Sec. 28. NRS 642.210 is hereby amended to read as follows:

642.210 1. An applicant for a certificate of registration as a

registered apprentice shall immediately notify the Secretary of the

Board of such fact in order to receive credit for time spent.

2. Credit on the required apprenticeship commences on the

date the application for [apprenticeship] the certificate of

registration is filed with the Secretary of the Board, and no

applications may be accepted antedated.

Sec. 29. NRS 642.220 is hereby amended to read as follows:

642.220 1. Each registered apprentice must pay [a fee not to

exceed $100 per year to the Board] :

(a) The annual fee prescribed in section 6.3 of this act; and

(b) Any other fees prescribed in section 6.3 of this act.

2. Each registered apprentice shall carry an apprentice card

certified by the Secretary of the Board.

Sec. 30. NRS 642.240 is hereby amended to read as follows:

642.240 Each licensed embalmer [in the State of Nevada,] who

has under his supervision or control a [person serving as an

apprentice embalmer,] registered apprentice shall report such fact to

the Board semiannually on or before January 1 and July 1 of each

year. The Secretary of the Board shall immediately forward to such

embalmer forms wherein information desired by the Board shall be

requested by interrogations. Such reports shall disclose the work

which such apprentice has performed during the semiannual period

preceding the first of the month on which such report is made,

including the number of bodies such apprentice has assisted in

embalming or otherwise prepared for disposition during that period.

Sec. 31. NRS 642.250 is hereby amended to read as follows:

642.250 1. No licensed embalmer may permit any person in

his employ or under his supervision or control to serve him as an

apprentice unless such person has a certificate of registration as a

registered apprentice.

2. A licensed embalmer may have no more than one [licensed]

registered apprentice serving under him at any one time.

Sec. 32. NRS 642.270 is hereby amended to read as follows:

642.270 No registered apprentice as such may advertise or hold

himself out as a [registered] licensed embalmer, or use any title or

abbreviation indicating that he is an embalmer, undertaker,

mortician or funeral director.

Sec. 33. NRS 642.280 is hereby amended to read as follows:

642.280 [Every person who is registered as an apprentice with

the Board] Each registered apprentice shall have his certificate of

registration posted in a conspicuous place in his preceptor’s place of

business.

Sec. 34. NRS 642.290 is hereby amended to read as follows:

642.290 [Application by an]

1. A registered apprentice may apply for a leave of absence

and for the extension [thereof shall be filed] of any leave of absence

by:

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

(b) Paying any fees related to the application.

2. The application may be granted by the Board, if the facts of

the case disclose sufficient reason for granting the request.

Sec. 35. NRS 642.300 is hereby amended to read as follows:

642.300 [Apprenticeship in embalming]

1. A certificate of registration expires 1 year after the date of

issuance of the certificate by the Board, [and no] unless the

certificate is renewed in accordance with the regulations adopted

by the Board.

2. No person may [be registered as an] hold a certificate of

registration as a registered apprentice entitling him to practice the

occupation of an embalmer’s apprentice under a licensed embalmer

more than 2 consecutive years without successfully passing the

examination for [embalmers given by the Board.] a license to

practice the profession of embalming pursuant to NRS 642.090.

Sec. 36. NRS 642.310 is hereby amended to read as follows:

642.310 [The application of an apprentice making application

to the Board to take an] Before a registered apprentice may take

the examination for [an embalmer’s license shall be on file in the

Secretary’s office, accompanied by a fee of $100,] a license to

practice the profession of embalming pursuant to NRS 642.090,

the registered apprentice must file an application with the

Secretary of the Board and pay the examination fee prescribed in

section 6.3 of this act, not later than 30 days [prior to] before the

date of such examination.

Sec. 37. NRS 642.320 is hereby amended to read as follows:

642.320 All registered apprentices shall file applications for

licenses to practice the profession of embalming within 12 months

after they have completed the [prescribed 1 year’s] required 1 year

of apprenticeship. Failure to do so automatically revokes

[apprenticeship] the certificate of registration.

Sec. 38. NRS 642.330 is hereby amended to read as follows:

642.330 [All applicants shall hold a diploma from]

1. Before a registered apprentice may take the examination

for a license to practice the profession of embalming pursuant to

NRS 642.090, the registered apprentice must have completed

instruction in an accredited and approved embalming college[,] or

school of mortuary science, as prescribed by NRS 642.080 . [,

before taking the examination. The examination may be taken]

2. A registered apprentice may take the examination for a

license to practice the profession of embalming pursuant to NRS

642.090 before the [applicant] registered apprentice has completed

the required 1 year of apprenticeship.

Sec. 39. NRS 642.360 is hereby amended to read as follows:

642.360 1. An application for [a permit to operate a funeral

establishment,] a funeral director’s license or a license to conduct

direct cremations or immediate burials must be in writing and

verified on a form provided by the Board.

2. Each applicant must be over 18 years of age and of good

moral character.

3. Except as otherwise provided in subsection 4, each applicant

for a funeral director’s license must pass an examination given by

the Board upon the following subjects:

(a) The signs of death.

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

dead human bodies, and the shipment of bodies of persons dying

from infectious or contagious diseases.

(d) Local health and sanitary ordinances and regulations relating

to funeral directing and embalming.

(e) Federal regulations governing funeral practices.

(f) The laws and regulations of this state relating to funeral

directing and embalming.

4. An applicant who has passed the national examination given

by the International Conference of Funeral Service Examining

Boards is not required to take any portion of the examination set

forth in subsection 3 that repeats or duplicates a portion of the

national examination.

5. [The] An application for:

(a) A funeral director’s license must be accompanied by [a fee

not to exceed $300.] the application fee and the examination fee

prescribed in section 6.3 of this act.

(b) A license to conduct direct cremations or immediate burials

must be accompanied by the application fee prescribed in section

6.3 of this act.

Sec. 40. NRS 642.365 is hereby amended to read as follows:

642.365 1. An application for a permit to operate a funeral

establishment must be in writing and verified on a form provided by

the Board.

2. Each applicant must furnish proof satisfactory to the Board

that:

(a) He is of good moral character;

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

permit is constructed, equipped and maintained in the manner

described in NRS 642.016.

3. Each application must be accompanied by [a fee not to

exceed $300.] the application fee prescribed in section 6.3 of this

act.

Sec. 41. NRS 642.390 is hereby amended to read as follows:

642.390 Upon receipt of an application for a permit to operate

a funeral establishment, a funeral director’s license or a license to

conduct direct cremations or immediate burials, the Board shall

cause an investigation to be made as to the character of the

applicant, and may require such showing as will reasonably prove

his good moral character.

Sec. 42. NRS 642.400 is hereby amended to read as follows:

642.400 1. The Board may subpoena witnesses . [and, after]

2. After a proper hearing, the Board shall issue to an applicant

a funeral director’s license or a license to conduct direct cremations

or immediate burials if it finds that the applicant [is] :

(a) Is of good moral character[.] ;

(b) Fulfills the requirements set forth in this chapter for the

license; and

Sec. 43. NRS 642.415 is hereby amended to read as follows:

642.415 The Board may charge a fee for providing materials

relating to the provisions of this chapter or chapter 451 or 452 of

NRS which are requested by persons who have been issued permits,

licenses and certificates pursuant to this chapter or chapter 451 or

452 of NRS or by members of the general public. The fee may not

exceed the cost incurred by the Board to provide those materials.

Sec. 43.5. NRS 642.420 is hereby amended to read as follows:

642.420 [1.] Each licensed funeral director and each person

who is licensed to conduct direct cremations or immediate burials

shall pay [an] the annual fee prescribed in section 6.3 of this act for

the renewal of his license.

[2. The renewal fee, payable by a licensed funeral director or a

person licensed to conduct direct cremations or immediate burials,

must not exceed $200.]

Sec. 44. NRS 642.430 is hereby amended to read as follows:

642.430 1. The Board shall mail, on or before January 1 of

each year, to each licensed funeral director and each person licensed

to conduct direct cremations or immediate burials, addressed to him

at his last known address, a notice that his renewal fee is due and

that if the renewal fee is not paid by February 1, a [penalty not to

exceed $200,] fee for the late renewal of the license will be added

to the renewal fee, and in no case will the [penalty] fee be waived.

2. Upon receipt of the renewal fee, the statement required

pursuant to NRS 642.0195 and any penalties imposed pursuant to

subsection 1, the Board shall issue a renewal certificate to the

licensee.

Sec. 45. NRS 642.435 is hereby amended to read as follows:

642.435 1. Each person who is issued a permit to operate a

funeral establishment must pay [an annual fee , not to exceed $200,]

the annual fee prescribed in section 6.3 of this act for the renewal

of the permit.

2. The Board shall, before renewing a permit to operate a

funeral establishment, make an unannounced inspection of the

establishment for which the permit was issued to ensure compliance

with:

(a) The laws governing the preparation, burial and disposal of

dead human bodies, and the shipment of bodies of persons who have

died from infectious or contagious diseases;

(b) Local health and sanitary ordinances and regulations relating

to funeral directing and embalming; and

Each [owner of a funeral establishment] person who is issued a

permit to operate a funeral establishment shall be deemed to have

consented to such an inspection as a condition for the issuance of

the permit.

3. The Board shall, on or before January 1 of each year, mail to

each holder of a permit to operate a funeral establishment a notice

that the renewal fee for the permit is due and that if [that] the

renewal fee is not paid by February 1, a penalty [not to exceed

$200] will be added to the renewal fee, and in no case will the

penalty be waived.

4. Upon receipt of the renewal fee and any penalties imposed

by the Board pursuant to subsection 3, the Board shall issue a

renewal certificate to the [owner of the funeral establishment.]

holder of the permit.

Sec. 46. NRS 642.450 is hereby amended to read as follows:

642.450 1. In case of the death of a licensed funeral director

who leaves a funeral establishment as part or all of his estate, the

Board may issue to the legal representative of the deceased funeral

director, if the legal representative is of good moral character, a

special temporary license as a funeral director for the duration of the

administration of the estate, but in no case to exceed 1 year.

2. The fees for the application, issuance and renewal of a

special temporary license [issued pursuant to subsection 1] and any

other fees related to the special temporary license and the time for

payment [thereof] of such fees must be the same as those required

for regular licenses.

Sec. 47. NRS 642.455 is hereby amended to read as follows:

642.455 1. Upon written request to the Board and payment of

[a fee not to exceed $150,] the fee prescribed in section 6.3 of this

act, 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

other fees related to the reactivation of the license.

3. A licensee is not required to pay the fee[, including

penalties,] for the renewal of [a] his license or any fees or penalties

related to the renewal of his license for any year during the period

in which his license was inactive.

Sec. 48. NRS 642.473 is hereby amended to read as follows:

642.473 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;

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] Except as otherwise provided in section 6 of this

act, 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. 49. NRS 642.480 is hereby amended to read as follows:

642.480 For the purposes of NRS 642.470, unprofessional

conduct includes:

1. Misrepresentation or fraud in the operation of a funeral

establishment or the practice of a funeral director or person licensed

to conduct direct cremations or immediate burials.

2. Solicitation of dead human bodies by the licensee or his

agents, assistants or employees, whether the solicitation occurs after

death or while death is impending, but this does not prohibit general

advertising.

3. Employment by a holder of a permit to operate a funeral

establishment or licensee of persons commonly known as “cappers,”

“steerers” or “solicitors,” or of other persons to obtain funeral

directing or embalming business.

4. Employment, directly or indirectly, of any apprentice, agent,

assistant, embalmer, employee or other person, on part or full time

or on commission, to call upon natural persons or institutions by

whose influence dead human bodies may be turned over to a

particular funeral director or embalmer.

5. The buying of business by a holder of a permit to operate a

funeral establishment or a licensee or his agents, assistants or

employees, or the direct or indirect payment or offer of payment of a

commission by the holder of a permit or a licensee or his agents,

assistants or employees, to secure business.

6. Gross immorality.

7. Aiding or abetting an unlicensed person to practice funeral

directing or embalming.

8. Using profane, indecent or obscene language in the presence

of a dead human body, or within the immediate hearing of the

family or relatives of a deceased whose body has not yet been

interred or otherwise disposed of.

9. Solicitation or acceptance by a holder of a permit to operate

a funeral establishment or licensee of any commission, bonus or

rebate in consideration of recommending or causing a dead human

body to be disposed of in any crematory, mausoleum or cemetery.

10. Except as otherwise provided in this subsection, using any

casket or part of a casket which has previously been used as a

receptacle for, or in connection with, the burial or other disposition

of a dead human body. The provisions of this subsection do not

prohibit the rental of the outer shell of a casket into which a

removable insert containing a dead human body is placed 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 [of the provisions] provision of this

chapter , [or of] any regulation adopted pursuant thereto[.] or any

order of the Board.

12. Violation of any state law or municipal or county ordinance

or regulation affecting the handling, custody, care or transportation

of dead human bodies.

13. Fraud or misrepresentation in obtaining a permit or license.

14. Refusing to surrender promptly the custody of a dead

human body, upon the express order of the person lawfully entitled

to the custody thereof.

15. Taking undue advantage of the patrons of a funeral

establishment or being guilty of fraud or misrepresentation in the

sale of merchandise to those patrons.

16. The theft or misappropriation of money in a trust fund

established and maintained pursuant to chapter 689 of NRS.

17. Habitual drunkenness or the unlawful use of a controlled

substance.

Sec. 50. NRS 642.530 is hereby amended to read as follows:

642.530 [Upon a petition for]

1. Except as otherwise provided in subsection 2, a person may

seek judicial review[, the district court may order a trial de novo.]

of any final decision of the Board that is made pursuant to the

provisions of this chapter or chapter 451 or 452 of NRS. Such

judicial review must be conducted pursuant to the provisions of

chapter 233B of NRS that apply to a contested case.

2. A person may not seek judicial review of any decision of

the Board that orders an immediate suspension of a license,

permit or certificate pursuant to section 6 of this act.

Sec. 51. NRS 642.540 is hereby amended to read as follows:

642.540 If a holder of a license, permit [to operate a funeral

establishment, a licensed funeral director or a person licensed to

conduct direct cremations or immediate burials appeals] or

certificate seeks judicial review of the decision of the Board to

revoke or suspend his license, permit or [license,] certificate, the

decision of the Board must not be stayed by the proceedings on

[appeal] judicial review and the [appeal] judicial review must not

operate to restore the right of the holder of the license, permit or

certificate to operate [his funeral establishment or the right of the

licensee to] or practice pending the [appeal,] judicial review, unless

a bond[,] with a sufficient surety[, to be] approved by the clerk of

the district court[,] is posted with the clerk, in such an amount as

the district [judge] court may require, conditioned that the [appeal]

judicial review will be prosecuted without unnecessary delay and

that, if the decision [appealed from is confirmed, that] of the Board

is affirmed, the holder of the license, permit or [licensee] certificate

will pay all costs.

Sec. 52. NRS 642.570 is hereby amended to read as follows:

642.570 The Board shall cause the prosecution of all persons

violating any [of the provisions] provision of this chapter[.] or

chapter 451 or 452 of NRS.

Sec. 53. NRS 642.575 is hereby amended to read as follows:

642.575 The Board may bring legal proceedings to enjoin any

person who violates any provision of this chapter , [or] any

regulation adopted pursuant thereto or any order of the Board from

practicing the profession of embalming. Any person who is so

enjoined is liable to the Board for attorney’s fees and court costs.

Sec. 54. NRS 451.065 is hereby amended to read as follows:

451.065 1. Except as otherwise provided in subsections 2 and

3, no crematory, funeral home, cemetery or other place 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.

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] Nevada

State Funeral Board 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

person does not wish to have the body embalmed.

4. Any person who violates this section is guilty of a

misdemeanor.

Sec. 55. NRS 451.635 is hereby amended to read as follows:

451.635 1. No person may cremate human remains except in

a crematory whose operator is licensed by the [State Board of

Funeral Directors, Embalmers and Operators of Cemeteries and

Crematories.] Nevada State Funeral Board.

2. The Board shall prescribe and furnish forms for application

for licensing. An application must be in writing and contain:

(a) The name and address of the applicant and the location or

proposed location of the crematory;

(b) A description of the structure and equipment to be used in

operating the crematory; and

require.

3. An application must be signed by the applicant personally,

by one of the partners if the applicant is a partnership, or by an

authorized officer if the applicant is a corporation or other form of

business organization.

4. The Board shall examine the structure and equipment and

shall issue the license if [it] :

(a) It appears that the proposed operation will meet the

requirements of NRS 451.600 to 451.715, inclusive[.] ; and

(b) The applicant has paid all fees related to the application.

5. If the ownership of a crematory is to be changed, the

proposed operator shall apply for licensing at least 30 days before

the change.

Sec. 56. NRS 451.640 is hereby amended to read as follows:

451.640 [The State Board of Funeral Directors, Embalmers and

Operators of Cemeteries and Crematories:

1. Shall]

1. The Nevada State Funeral Board shall adopt regulations

for the administration of NRS 451.600 to 451.715, inclusive. Unless

governed by [regulation] the regulations of the State Board of

Health, the regulations of the Nevada State Funeral Board must

include , without limitation:

(a) The conditions under which the remains of a person who has

died from a communicable or otherwise dangerous disease may be

transported to a crematory for cremation[. The regulations must

include] ; and

(b) The minimum standards for sanitation, required equipment

and protection from fire.

2. [May] The Nevada State Funeral Board may bring legal

proceedings to enjoin any person who violates any [provisions]

provision of NRS 451.600 to 451.715, inclusive, [or] any regulation

adopted pursuant [to this section] thereto or any order of the Board

from operating a crematory. Any person who is so enjoined is liable

to the Board for attorney’s fees and court costs.

Sec. 57. NRS 451.715 is hereby amended to read as follows:

451.715 1. It is unlawful for any person to:

(a) Hold himself out to the public as the operator of a crematory

without being licensed pursuant to NRS 451.635;

(b) Sign an order for cremation knowing that the order contains

incorrect information; or

inclusive[.] , any regulation adopted pursuant thereto or any order

of the Nevada State Funeral Board.

2. It is unlawful for the operator of a crematory to perform a

cremation without an order signed by a person authorized to order

the cremation pursuant to NRS 451.650 or 451.655.

3. [A] If a crematory is operated in this state in violation of any

provision of NRS 451.600 to 451.715, inclusive, [or] any regulation

[of the State Board of Funeral Directors, Embalmers and Operators

of Cemeteries and Crematories] adopted pursuant thereto or any

order of the Nevada State Funeral Board, the crematory is a public

nuisance and may be abated as such.

Sec. 58. NRS 452.0055 is hereby amended to read as follows:

452.0055 “Board” means the [State Board of Funeral

Directors, Embalmers and Operators of Cemeteries and

Crematories.] Nevada State Funeral Board.

Sec. 59. NRS 452.310 is hereby amended to read as follows:

452.310 1. No person may engage in the business of

operating a cemetery in this state without first obtaining a certificate

of authority from the Board.

2. Applications for a certificate of authority to operate a

cemetery must be filed with the Board. Each application must be

accompanied by:

(a) A filing fee of $1,000[, no] and any other fees related to the

application. No part of [which] the fees is refundable.

(b) A copy, certified by the proper officials, of the:

(1) Articles of incorporation, if any.

(2) Bylaws of the corporation, if any.

(3) Application to the city or county planning commission

for a use permit or the rezoning for the proposed cemetery.

(4) Land use or zoning permit.

(5) Declaration of dedication of land to cemetery purposes.

(6) Deed, contract of purchase or other document which

provides the applicant with merchantable title to the land dedicated.

(7) Endowment care trust fund agreement executed by the

proper officers of the cemetery authority.

setting forth:

(1) If the applicant is a corporation, the names and addresses

of the board of directors and officers.

(2) If the applicant is not a corporation, the names and

addresses of the natural persons in charge.

(3) The names and addresses of the trustees of the

endowment care fund.

(4) The name and address of the person in charge of

sales.

The statement must contain a description of the general character,

experience and fitness to engage in the cemetery business for each

person named.

(d) A complete, detailed and audited financial statement

showing assets, liabilities and reserve.

(e) An itemized statement of all estimated receipts and

expenditures for the succeeding 2-year period or such other period

as may be required by the Board.

(f) A map of the proposed cemetery in such detail and size as

may be required by the Board.

(g) A statement of the proposed plan of operation in such detail

as may be required by the Board.

(h) A statement of the amount deposited in the endowment care

fund and the type of investment made of such amount.

(i) A statement from the depository showing the deposit in the

endowment care fund of the amount required by NRS 452.120 and

452.130.

(j) Such other information as may be required by written notice

from the Board.

3. Upon request, the Board shall provide to the Administrator a

copy of the following information contained in an application for a

certificate of authority filed with the Board pursuant to this section:

(a) The endowment care trust fund agreement;

(b) The names and addresses of the trustees of the endowment

care fund; and

subsection 2.

Sec. 60. NRS 452.590 is hereby amended to read as follows:

452.590 1. A person who proposes to purchase or acquire

control of an existing cemetery authority, either by purchase of the

outstanding capital stock of a cemetery authority or the interest of

the owner or owners, and thereby to change the control of the

cemetery authority, shall first make application to the Board for a

certificate of approval of the proposed change of control in the

cemetery authority.

2. The application must contain the name and address of the

proposed new owners, and the Board may only issue a certificate of

approval after it is reasonably satisfied that the proposed new

owners are qualified by character, experience and business and

financial reputability and responsibility to control and operate the

cemetery in a suitable and proper manner, and that the interest of the

public generally will not be jeopardized by the proposed change in

ownership and management. The Board shall not issue a certificate

of approval without the approval of the Administrator.

3. The application must be accompanied by a filing and

investigation fee of $250[, no] and any other fees related to the

application. No part of [which] the fees is refundable.

Sec. 61. NRS 452.610 is hereby amended to read as follows:

452.610 In addition to any other penalty provided for in NRS

452.001 to 452.610, inclusive, any person who violates any

provision of NRS 452.001 to 452.610, inclusive, or any regulation

adopted or administrative order entered pursuant to those sections,

for which a greater penalty is not otherwise provided by law, is

guilty of a misdemeanor.

Sec. 62. 1. Any administrative regulations adopted by an

officer or an agency whose name has been changed or whose

responsibilities have been transferred pursuant to the provisions of

this act to another officer or agency remain in force until amended

by the officer or agency to which the responsibility for the adoption

of the regulations has been transferred.

2. Any contracts or other agreements entered into by an officer

or agency whose name has been changed or whose responsibilities

have been transferred pursuant to the provisions of this act to

another officer or agency are binding upon the officer or agency to

which the responsibility for the administration of the provisions of

the contract or other agreement has been transferred. Such contracts

and other agreements may be enforced by the officer or agency to

which the responsibility for the enforcement of the provisions of the

contract or other agreement has been transferred.

3. Any action taken by an officer or agency whose name has

been changed or whose responsibilities have been transferred

pursuant to the provisions of this act to another officer or agency

remains in effect as if taken by the officer or agency to which the

responsibility for the enforcement of such actions has been

transferred.

Sec. 63. 1. The Legislative Counsel shall:

(a) In preparing the reprint and supplements to the Nevada

Revised Statutes, appropriately change any references to an officer

or agency whose name is changed or whose responsibilities have

been transferred pursuant to the provisions of this act to refer to the

appropriate officer or agency.

(b) In preparing supplements to the Nevada Administrative

Code, appropriately change any references to an officer or agency

whose name is changed or whose responsibilities have been

transferred pursuant to the provisions of this act to refer to the

appropriate officer or agency.

2. Any reference in a bill or resolution passed by the 72nd

Session of the Nevada Legislature to an officer or agency whose

name is changed or whose responsibilities have been transferred

pursuant to the provisions of this act to another officer or agency

shall be deemed to refer to the officer or agency to which the

responsibility is transferred.

Sec. 64. NRS 642.065 is hereby repealed.

Sec. 65. This act becomes effective on July 1, 2003.

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