As used in this chapter, unless the
context otherwise requires, the words and terms defined in NRS 642.010
to 642.0175 , inclusive, have the meanings ascribed to
them in those sections.
(Added to NRS by 1993, 2609; A 2003, 1267 )
“Board” means the Nevada State
Funeral Board.
[Part 1:28:1909; RL § 4445; NCL § 2665]—(NRS A 1959, 848; 1975,
706; 1977, 192; 1993, 2611; 2003, 1267 )
“Cremation” means the technical
process that reduces human remains to bone fragments by using heat and
evaporation.
(Added to NRS by 1993, 2609)
“Crematory” means the building
or portion of a building that houses the chamber for cremation and the
holding facility.
(Added to NRS by 1993, 2609)
“Direct cremation” means
a cremation without formal viewing, visitation or a ceremony with the
body present.
(Added to NRS by 1993, 2609)
“Disposition” means the
immediate disposing of a dead human body or the immediate transporting of
a dead human body to the care of a funeral establishment, responsible
third party or the immediate family for direct cremation or burial.
(Added to NRS by 1993, 2609)
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 or in any
other manner dead human bodies for burial or disposal, or directing and
supervising the burial or disposal of dead human bodies.
(b) Directing, supervising or contracting to direct or supervise
funerals.
(c) The business of a funeral director by using the words “funeral
director,” “mortician” or any other title implying that he is engaged in
the business of funeral directing.
2. The term does not include:
(a) A licensed embalmer or a person whose duties are limited to
conducting direct cremations or immediate burials.
(b) An owner of a funeral establishment unless the owner engages in
any activity described in subsection 1.
(Added to NRS by 1993, 2609; A 1995, 267)
“Funeral
establishment” means a place of business conducted at a specific street
address or location devoted to the care and preparation for burial or
transportation of dead human bodies, consisting of a preparation room
equipped with a sanitary floor, necessary drainage and ventilation,
containing necessary instruments and supplies for the preparation and
embalming of dead human bodies for burial or transportation and having a
display room containing an inventory of funeral caskets.
(Added to NRS by 1993, 2610)
“Immediate burial” means
a disposition by burial without formal viewing, visitation or a ceremony
with the body present, except for a graveside service.
(Added to NRS by 1993, 2610)
“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.
(Added to NRS by 2003, 1266 )
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.
(Added to NRS by 1993, 2611; A 1997, 2578; 2003, 1267 )
Repealed. (See chapter 501, Statutes of Nevada 2005, at page
2818 .)
[Effective until the date of the repeal of the federal law
requiring each state to establish procedures for withholding, suspending
and restricting the professional, occupational and recreational licenses
for child support arrearages and for noncompliance with certain processes
relating to paternity or child support proceedings.]
1. In addition to any other requirements set forth in this chapter:
(a) An applicant for the issuance of a license to practice the
profession of embalming, a funeral director’s license, a license to
conduct direct cremations or immediate burials or a certificate of
registration as an apprentice embalmer shall include the social security
number of the applicant in the application submitted to the Board.
(b) An applicant for the issuance or renewal of a license to
practice the profession of embalming, a funeral director’s license, a
license to conduct direct cremations or immediate burials or a
certificate of registration as an apprentice embalmer shall submit to the
Board the statement prescribed by the Division of Welfare and Supportive
Services of the Department of Health and Human Services pursuant to NRS
425.520 . The statement must be
completed and signed by the applicant.
2. The Board shall include the statement required pursuant to
subsection 1 in:
(a) The application or any other forms that must be submitted for
the issuance or renewal of the license or certificate of registration; or
(b) A separate form prescribed by the Board.
3. A license or certificate of registration described in
subsection 1 may not be issued or renewed by the Board if the applicant:
(a) Fails to submit the statement required pursuant to subsection
1; or
(b) Indicates on the statement submitted pursuant to subsection 1
that he is subject to a court order for the support of a child and is not
in compliance with the order or a plan approved by the district attorney
or other public agency enforcing the order for the repayment of the
amount owed pursuant to the order.
4. If an applicant indicates on the statement submitted pursuant
to subsection 1 that he is subject to a court order for the support of a
child and is not in compliance with the order or a plan approved by the
district attorney or other public agency enforcing the order for the
repayment of the amount owed pursuant to the order, the Board shall
advise the applicant to contact the district attorney or other public
agency enforcing the order to determine the actions that the applicant
may take to satisfy the arrearage.
(Added to NRS by 1997, 2157; A 2005, 2767 , 2807 )
[Effective on the date of the repeal of the federal law
requiring each state to establish procedures for withholding, suspending
and restricting the professional, occupational and recreational licenses
for child support arrearages and for noncompliance with certain processes
relating to paternity or child support proceedings and expires by
limitation 2 years after that date.]
1. In addition to any other requirements set forth in this
chapter, an applicant for the issuance or renewal of a license to
practice the profession of embalming, a funeral director’s license, a
license to conduct direct cremations or immediate burials or a
certificate of registration as an apprentice embalmer shall submit to the
Board the statement prescribed by the Division of Welfare and Supportive
Services of the Department of Health and Human Services pursuant to NRS
425.520 . The statement must be
completed and signed by the applicant.
2. The Board shall include the statement required pursuant to
subsection 1 in:
(a) The application or any other forms that must be submitted for
the issuance or renewal of the license or certificate of registration; or
(b) A separate form prescribed by the Board.
3. A license or certificate of registration described in
subsection 1 may not be issued or renewed by the Board if the applicant:
(a) Fails to submit the statement required pursuant to subsection
1; or
(b) Indicates on the statement submitted pursuant to subsection 1
that he is subject to a court order for the support of a child and is not
in compliance with the order or a plan approved by the district attorney
or other public agency enforcing the order for the repayment of the
amount owed pursuant to the order.
4. If an applicant indicates on the statement submitted pursuant
to subsection 1 that he is subject to a court order for the support of a
child and is not in compliance with the order or a plan approved by the
district attorney or other public agency enforcing the order for the
repayment of the amount owed pursuant to the order, the Board shall
advise the applicant to contact the district attorney or other public
agency enforcing the order 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 on the date of the repeal of
the federal law requiring each state to establish procedures for
withholding, suspending and restricting the professional, occupational
and recreational licenses for child support arrearages and for
noncompliance with certain processes relating to paternity or child
support proceedings)
NEVADA STATE FUNERAL BOARD
1. The 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.
(c) One member who is actively engaged in the operation of a
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.
(c) Be employed by the holder of a license or certificate issued by
the Board.
4. After the initial terms, members of the Board serve terms of 4
years, except when appointed to fill unexpired terms.
5. The Chairman of the Board must be chosen from the members 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 )
1. Before entering upon their duties the members of the Board
shall respectively take and subscribe to the oath required of other state
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 by the Board,
while engaged in the business of the Board; and
(b) A per diem allowance and travel expenses at a rate fixed by the
Board, while engaged in the business of the Board. The rate must not
exceed the rate provided for state officers and employees generally.
3. While engaged in the business of the Board, each employee of
the Board is entitled to receive a per diem allowance and travel expenses
at a rate fixed by the Board. The rate must not exceed the rate provided
for state officers and employees generally.
[Part 2:28:1909; RL § 4446; NCL § 2666]—(NRS A 1963, 158; 1975,
306; 1981, 1994; 1989, 1703)
1. The members of the Board shall have the power to select 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 and business
addresses of all embalmers duly licensed under the provisions of this
chapter, and the numbers and dates of licenses. The register shall be
open to public examination at all reasonable times. A copy of the
register shall be furnished to all those registered and to the various
railroad, transportation and express companies doing business in the
State of Nevada.
3. The Treasurer shall give a bond, to be approved by the Board,
in the sum of $500 for the honest and faithful discharge of his duties.
[Part 2:28:1909; RL § 4446; NCL § 2666] + [Part 3:28:1909; A 1917,
66; 1919 RL § 4447; NCL § 2667] + [Part 8:28:1909; RL § 4452; NCL § 2672]
1. The Board shall meet at least once every year, and may 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
rules and bylaws of the Board must provide for the giving of timely
notice of all special meetings to all members of the Board and to all
applicants for licenses or certificates.
2. Four of the members of the Board at any meeting may organize
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)
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.
(Added to NRS by 1963, 158; A 2003, 1268 )
1. The members of the Board shall have power to adopt such
regulations for the transaction of business of the Board and management
of its affairs as they may deem expedient.
2. The Board is authorized to adopt and use a common seal.
[Part 2:28:1909; RL § 4446; NCL § 2666] + [Part 6:28:1909; RL §
4450; NCL § 2670]—(NRS A 1971, 811)
The Board may adopt reasonable rules and
regulations for the purpose of carrying into effect the provisions of
this chapter.
(Added to NRS by 1959, 848)
1. The Board may publish a guide for persons who purchase services
provided by cemeteries, crematories and funeral establishments. 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 each service provided
by each cemetery, crematory and funeral establishment in this State.
(c) The procedure for filing a complaint with the Board concerning
services provided by a cemetery, crematory or funeral establishment.
(d) Any other information which the Board deems appropriate and
useful to the public.
2. If the Board publishes a guide, it shall:
(a) Maintain the guide by republishing it with revised information
at least once each year.
(b) Distribute the guide and the information contained in the guide
in any manner it deems appropriate.
(Added to NRS by 1993, 2610)
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 regulations adopted pursuant thereto, whose compensation and
expenses shall be paid out of the fees collected by the Board.
(Added to NRS by 1959, 845; A 2003, 1268 )
A funeral director or embalmer shall make available for
inspection by the Attorney General, the Division of Insurance of the
Department of Business and Industry, or any representative of either,
copies of all lists of prices and agreements on prices for 1 year after
they are issued.
(Added to NRS by 1993, 2610; A 1995, 715)
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
(c) Investigate the matter further before acting pursuant to
paragraph (a) or (b).
(Added to NRS by 1993, 2610; A 2003, 1268 )
The Board shall operate on the basis of
a fiscal year commencing on July 1 and terminating on June 30.
(Added to NRS by 1963, 158)
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.
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 pursuant to chapters
451 and 452 of
NRS.
(Added to NRS by 1993, 2611; A 2003, 1268 )
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.
(Added to NRS by 1995, 267; A 2003, 1275 )—(Substituted in revision for NRS 642.415)
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
permit............................................................ 200
Late renewal of a license, certificate or
permit..................................................... 275
Placement of a license on inactive
status............................................................. 175
Reactivation of a license to active
status............................................................. 175
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
(Added to NRS by 2003, 1266 )
All fees collected under the
provisions of this chapter 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.
[Part 8:28:1909; RL § 4452; NCL § 2672]—(NRS A 1959, 849; 1963,
158; 1965, 62; 1999, 1537 ; 2003, 1268 )
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. In a manner consistent with the provisions of chapter 622A
of NRS, the Board may delegate to a hearing
officer or panel its authority to take any disciplinary action pursuant
to this chapter or chapter 451 and 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.
(Added to NRS by 1997, 2576; A 1999, 1537 ; 2003, 1268 ; 2005, 796 )
EMBALMERS
Licenses
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 Service Examining Boards 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.
[Part 5:28:1909; A 1931, 31; 1949, 142; 1943 NCL § 2669]—(NRS A
1961, 348; 1975, 707; 1999, 942 ; 2003, 1269 )
1. Every person who wishes to practice the profession of embalming
must appear before the Board and must be examined in the knowledge of the
subjects set forth in subsection 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 NRS 642.0696 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 5 that repeats or duplicates a
portion of the national examination. All examination papers must be kept
on record by the Board.
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.
(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) 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.
6. If an applicant fulfills the requirements set forth in this
chapter to be licensed to practice the profession of embalming, has
passed the examination 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.
[4:28:1909; A 1931, 31; 1931 NCL § 2668] + [Part 5:28:1909; 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 )
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 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 to the Secretary of the Board the fees prescribed 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 )
1. All licenses shall be signed by the President and the Secretary
of the Board and attested by the seal of the Board.
2. Each license shall specify the name of the person to whom
issued. Every license shall be nonassignable and nontransferable, and
shall be displayed by each licensee in a conspicuous place in his office
or place of business.
[Part 6:28:1909; RL § 4450; NCL § 2670]
1. Upon written request to the Board and payment of the fee
prescribed in NRS 642.0696 , 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 and any other
fees related to the reactivation of the license.
3. A licensee is not required to pay the fee for the renewal of
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.
(Added to NRS by 1997, 2577; A 2003, 1270 )
1. If a licensee wishes to renew his license, the Board shall
renew his license, except for cause, if the licensee complies with the
provisions of this section.
2. The renewal fee prescribed in NRS 642.0696 and all information required to complete the
renewal are due on January 1 of each year. If the renewal fee is not paid
or all required information is not submitted by February 1, a fee for the
late renewal of the license will be added to the renewal fee, and in no
case will the fee for late renewal be waived.
3. Upon receipt of the renewal fee, all required information and
any fee for late renewal imposed pursuant to subsection 2, the Board
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
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 relating to the practice of embalming.
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.
[Part 3:28:1909; A 1917, 66; 1919 RL § 4447; NCL § 2667]—(NRS A
1993, 2612; 1997, 2579; 2003, 1271 , 2717 )
1. 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:
(a) Refuse to renew his license;
(b) Revoke his license;
(c) Suspend his license for a definite period or until further
order of the Board;
(d) Impose a fine of not more than $5,000 for each act which
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 reprimand; or
(g) Impose any combination of disciplinary actions set forth in
this section.
2. The Board shall not administer a private reprimand.
3. An order that imposes discipline and the findings of fact and
conclusions of law supporting that order are public records.
(Added to NRS by 1997, 2576; A 2003, 3461 )
Upon the
revocation of a license to practice the profession of embalming, the
Secretary of the Board shall strike the name of the licensee from the
register of licensed embalmers and notify all railroad, transportation
and express companies doing business in the State of Nevada, 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
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 a
registered apprentice.
2. Registered apprentices must be regularly employed as full-time
employees to receive apprenticeship credit.
(Added to NRS by 1959, 842; A 2003, 1272 )
Each applicant for a
certificate of registration as a registered apprentice must:
1. Be of good moral character and possess temperate habits;
2. Be at least 18 years of age;
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 the certificate is granted; and
5. Pay any fees related to the application.
(Added to NRS by 1959, 842; A 2003, 1272 )
1. 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 must be furnished before the applicant may be issued
a certificate of registration as a registered apprentice.
(Added to NRS by 1959, 842; A 1975, 708; 1999, 942 ; 2003, 1272 )
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 the certificate of registration is filed with the
Secretary of the Board, and no applications may be accepted antedated.
(Added to NRS by 1959, 842; A 2003, 1272 )
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 an apprentice card
certified by the Secretary of the Board.
(Added to NRS by 1959, 843; A 1975, 709; 1995, 269; 2003, 1272
)
Apprentices shall be registered with the Secretary of the
Board at the time of beginning of apprenticeship, and notice of
termination of the same during interim, in case an apprentice changes
tutor, shall be forwarded to the Secretary of the Board, giving the date
of termination with the first instructor and the date of beginning with
the second instructor, and each subsequent instructor in like manner as
provided in this chapter for the first instructor.
(Added to NRS by 1959, 843)
Each licensed embalmer who has under his supervision or
control a 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.
(Added to NRS by 1959, 843; A 2003, 1272 )
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 registered
apprentice serving under him at any one time.
(Added to NRS by 1959, 842; A 2003, 1273 )
All embalming
of any nature whatsoever performed by a registered apprentice shall be
done in the place of business owned or conducted by his preceptor or
where his preceptor is employed, and must be in the presence of his
preceptor or preceptors, and under his or their personal supervision.
(Added to NRS by 1959, 843)
No registered apprentice as such may advertise or hold
himself out as a licensed embalmer, or use any title or abbreviation
indicating that he is an embalmer, undertaker, mortician or funeral
director.
(Added to NRS by 1959, 843; A 2003, 1273 )
Each registered apprentice
shall have his certificate of registration posted in a conspicuous place
in his preceptor’s place of business.
(Added to NRS by 1959, 843; A 2003, 1273 )
1. A registered apprentice may apply for a leave of absence and
for the extension 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.
(Added to NRS by 1959, 843; A 2003, 1273 )
1. A certificate of registration expires 1 year after the date of
issuance of the certificate by the Board, unless the certificate is
renewed in accordance with the regulations adopted by the Board.
2. No person may 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 a license to
practice the profession of embalming pursuant to NRS 642.090 .
(Added to NRS by 1959, 842; A 1975, 709; 1993, 2613; 2003, 1273
)
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 file an application with the Secretary of the
Board and pay the examination fee prescribed in NRS 642.0696 , not later than 30 days before the date of
such examination.
(Added to NRS by 1959, 843; A 1975, 709; 2003, 1273 )
All registered apprentices shall
file applications for licenses to practice the profession of embalming
within 12 months after they have completed the required 1 year of
apprenticeship. Failure to do so automatically revokes the certificate of
registration.
(Added to NRS by 1959, 843; A 1975, 709; 2003, 1273 )
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 .
2. A registered apprentice may take the examination for a license
to practice the profession of embalming pursuant to NRS 642.090 before the registered apprentice 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 OTHER LICENSEES
Licenses and Permits
1. A person shall not engage in or conduct, or hold himself out as
engaging in or conducting, the business of a funeral director unless he
is licensed as a funeral director by the Board.
2. The business of a funeral director must be conducted and
engaged in at a funeral establishment.
(Added to NRS by 1959, 843; A 1993, 2613; 1995, 269)
1. A funeral director shall not manage a funeral establishment
unless the funeral director has been approved by the Board to manage the
funeral establishment.
2. If a funeral director manages more than one funeral
establishment, he must obtain approval from the Board for each funeral
establishment that he manages.
3. A funeral director is responsible for the proper management of
each funeral establishment of which he is the manager.
(Added to NRS by 1999, 941 )
Any funeral director who, on July 1,
1959, is engaged in or conducting the business of a funeral director, at
a fixed place or establishment in this State, must be issued a license
upon application therefor made within 30 days after July 1, 1959, and may
continue in business for the remainder of the year. He may have his
license renewed annually upon payment of such renewal fees as are
required by NRS 642.420 .
(Added to NRS by 1959, 845; A 1993, 2613)
1. A person may apply for a license to conduct direct cremations
or immediate burials.
2. The services which a person holding such a license may provide
are limited to the direct cremation, immediate burial, disposition and
transportation of dead human bodies.
(Added to NRS by 1993, 2610)
1. An application for 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.
(c) The laws governing the preparation, burial and disposal of 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. An application for:
(a) A funeral director’s license must be accompanied by the
application fee and the examination fee prescribed in NRS 642.0696 .
(b) A license to conduct direct cremations or immediate burials
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 )
1. The owner of a funeral establishment shall not operate or allow
another person to operate the establishment unless the owner has 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 funeral establishment
he owns.
(Added to NRS by 1995, 266)
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
(c) The funeral establishment for which he is requesting the permit
is constructed, equipped and maintained in the manner described in NRS
642.016 .
3. Each application must be accompanied by the application fee
prescribed in NRS 642.0696 .
(Added to NRS by 1995, 266; A 2003, 1274 )
Each
applicant for a funeral director’s license or a license to conduct direct
cremations or immediate burials must furnish proof satisfactory to the
Board that he is of good moral character.
(Added to NRS by 1959, 844; A 1995, 269)
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.
(Added to NRS by 1959, 844; A 1993, 2614; 1995, 269; 1997, 510;
2003, 1275 )
1. The Board may subpoena witnesses.
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:
(a) Is of good moral character;
(b) Fulfills the requirements set forth in this chapter for 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
)
Every
application shall be granted or refused within 90 days from the date of
filing of such application in case a hearing is held.
(Added to NRS by 1959, 845)
Each licensed funeral
director and each person who is licensed to conduct direct cremations or
immediate burials shall pay the annual fee prescribed in NRS 642.0696
for the renewal of his license.
(Added to NRS by 1959, 845; A 1975, 710; 1995, 270; 2003, 1275
)
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 fee for the late renewal of the license will
be added to the renewal fee, and in no case will the fee for late renewal
be waived.
2. Upon receipt of the renewal fee, all information required to
complete the renewal and any fee for late renewal imposed pursuant to
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 )
1. Each person who is issued a permit to operate a funeral
establishment must pay the annual fee prescribed in NRS 642.0696 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
(c) Federal regulations governing funeral practices.
Ę Each 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 the renewal fee is not
paid by February 1, a penalty 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 holder of the permit.
(Added to NRS by 1995, 267; A 2003, 1275 )
When a licensed
funeral director has for any reason allowed his license to lapse, the
Board may reinstate such license if application therefor is made within a
period of 3 years from the time of the lapse and is accompanied by:
1. All fees, including penalties, from the time of the lapse to
date of reinstatement; and
2. All information required to complete the reinstatement.
(Added to NRS by 1959, 845; A 1997, 2159; 2005, 2769 , 2807 )
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 and any other fees related to the special temporary
license and the time for payment of such fees must be the same as those
required for regular licenses.
(Added to NRS by 1959, 844; A 1975, 710; 1995, 270; 2003, 1276
)
1. Upon written request to the Board and payment of the fee
prescribed in NRS 642.0696 , 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 and any other
fees related to the reactivation of the license.
3. A licensee is not required to pay the fee for the renewal of
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.
(Added to NRS by 1997, 2577; A 2003, 1276 )
Each funeral
director’s license and license to conduct direct cremations or immediate
burials must specify the name of the licensee and be displayed
conspicuously in the place of business or employment of the licensee.
(Added to NRS by 1959, 845; A 1995, 271)
1. Each permit to operate a funeral establishment must specify the
name of the owner of the establishment and be displayed conspicuously in
the funeral establishment for which it was issued.
2. A funeral establishment must not be operated or advertised as
being operated by any person other than the owner of the funeral
establishment as his name appears on the permit to operate that funeral
establishment.
(Added to NRS by 1995, 266)
Disciplinary Action
The 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 relating to the practice of funeral
directors.
5. Conviction of a misdemeanor that is related directly to the
business of a funeral establishment.
(Added to NRS by 1959, 846; A 1993, 2614; 1995, 271; 1997, 2580;
2003, 2717 )
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 reprimand; or
(g) Impose any combination of disciplinary actions set forth in
paragraphs (a) to (f), inclusive.
2. The Board shall not administer a private reprimand.
3. An order that imposes discipline and the findings of fact and
conclusions of law supporting that order are public records.
(Added to NRS by 1997, 2577; A 2003, 1276 , 3461 ; 2005, 797 )
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 provision of this chapter, 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.
(Added to NRS by 1959, 846; A 1993, 2615; 1995, 271; 2003, 1277
)
For the
purposes of NRS 642.470 , false or
misleading 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, when the
determination of the cost lies within the control of the owner of the
funeral establishment or the funeral director or embalmer and is not
published.
3. Advertising or selling certificates of stock participation or
any form of agreement which creates the impression with the purchaser,
when such is not a fact, that he becomes a part owner in the advertiser’s
establishment and is therefore entitled to special price privileges for
funeral services.
4. Advertising prices below the reasonable economic cost of
merchandise, service and overhead.
5. Advertising which impugns the honesty, trustworthiness or
business or professional standards of competitors or which states that
the prices charged by competitors are considerably higher than those
charged by the advertiser, when such is not the fact.
6. Advertising which represents the advertiser to be the special
defender of the public interest or which makes it appear that the
advertiser is subjected to the combined attack of competitors. Such
expressions as “independent,” “not in trust,” “not controlled by the
combine” and other expressions having the same or similar import shall be
deemed to be misleading unless it is shown by the advertiser that there
is a “trust” or a “combine,” and that other funeral establishments or
funeral directors constitute a monopoly for the purpose of maintaining
prices or for any other purpose. The burden of proving the existence of a
“trust,” “combine” or “monopoly” is upon the advertiser asserting the
existence of that “trust,” “combine” or “monopoly.”
(Added to NRS by 1959, 847; 1995, 272)
1. A petition for the revocation or suspension of a permit to
operate a funeral establishment, funeral director’s license or license to
conduct direct cremations or immediate burials may be filed by the
Attorney General or by the district attorney of the county in which the
funeral establishment exists or the licensee resides or has practiced, or
by any person residing in this State.
2. The petition must be filed with the Board and state the charges
against the licensee with reasonable definiteness.
(Added to NRS by 1959, 847; A 1995, 273; 2005, 797 )
1. Each order of revocation or suspension of a permit to operate a
funeral establishment must be entered of record and the name of the
holder of the permit stricken from the roster of permits and the funeral
establishment may not be operated after revocation of the permit or
during the period it is suspended.
2. Each order of revocation or suspension of a funeral director’s
license or license to conduct direct cremations or immediate burials must
be entered of record and the name of the licensee stricken from the
roster of licenses and the licensee may not engage in the practice of
funeral directing or conducting direct cremations or immediate burials
after revocation of his license or during the period it is suspended.
(Added to NRS by 1959, 847; A 1995, 273)
ADDITIONAL PROVISIONS GOVERNING LICENSES, CERTIFICATES AND PERMITS
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.
(Added to NRS by 2003, 1267 )
Notwithstanding the provisions of chapter
622A of NRS:
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.
(Added to NRS by 2003, 1266 ; A 2005, 798 )
[Expires by limitation 2 years after the date of the repeal of the
federal law requiring each state to establish procedures for withholding,
suspending and restricting the professional, occupational and
recreational licenses for child support arrearages and for noncompliance
with certain processes relating to paternity or child support
proceedings.]
1. If the Board receives a copy of a court order issued pursuant
to NRS 425.540 that provides for the
suspension of all professional, occupational and recreational licenses,
certificates and permits issued to a person who is the holder of a
license to practice the profession of embalming, a funeral director’s
license, a license to conduct direct cremations or immediate burials or a
certificate of registration as an apprentice embalmer, the Board shall
deem the license or certificate of registration issued to that person to
be suspended at the end of the 30th day after the date on which the court
order was issued unless the Board receives a letter issued to the holder
of the license or certificate of registration by the district attorney or
other public agency pursuant to NRS 425.550 stating that the holder of the license or
certificate of registration has complied with the subpoena or warrant or
has satisfied the arrearage pursuant to NRS 425.560 .
2. The Board shall reinstate a license to practice the profession
of embalming, a funeral director’s license, a license to conduct direct
cremations or immediate burials or a certificate of registration as an
apprentice embalmer that has been suspended by a district court pursuant
to NRS 425.540 if the Board receives a
letter issued by the district attorney or other public agency pursuant to
NRS 425.550 to the person whose license
or certificate of registration was suspended stating that the person
whose license or certificate of registration was suspended has complied
with the subpoena or warrant or has satisfied the arrearage pursuant to
NRS 425.560 .
(Added to NRS by 1997, 2157; A 2005, 2807 )
1. Except as otherwise provided in this section, a complaint filed
with the Board, all documents and other information filed with the
complaint and all documents and other information compiled as a result of
an investigation conducted to determine whether to initiate disciplinary
action against a person are confidential, unless the person submits a
written statement to the Board requesting that such documents and
information be made public records.
2. The charging documents filed with the Board to initiate
disciplinary action pursuant to chapter 622A of NRS and all documents and information
considered by the Board when determining whether to impose discipline are
public records.
3. The provisions of this section do not prohibit the Board from
communicating or cooperating with or providing any documents or other
information to any other licensing board or any other agency that is
investigating a person, including, without limitation, a law enforcement
agency.
(Added to NRS by 2003, 3461 ; A 2005, 798 )
JUDICIAL REVIEW
1. Except as otherwise provided in subsection 2, a person may seek
judicial review 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 as provided by law.
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 NRS 642.518 .
(Added to NRS by 1959, 848; A 1977, 91; 2003, 1278 ; 2005, 798 )
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 to revoke
or suspend his license, permit or certificate, the decision of the Board
must not be stayed by the proceedings on judicial review and the judicial
review 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 district court is posted with the clerk, in such an amount
as the district court may require, conditioned that the judicial review
will be prosecuted without unnecessary delay and that, if the decision of
the Board is affirmed, the holder 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
This chapter does not apply to:
1. Persons engaged as layers-out or to those who shroud the dead.
2. Employees of any cemetery whose duty or business extends no
further.
3. Officers or employees of any state or federal institution.
4. A person who inters the human remains of a native Indian
pursuant to NRS 383.150 to 383.190
, inclusive.
5. Commissioned officers serving in the Armed Forces of the United
States.
6. Persons who provide services regarding funerals for or 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
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.
(Added to NRS by 2003, 1266 )
Notwithstanding the provisions of chapter
622A of NRS:
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.
(Added to NRS by 2003, 1266 ; A 2005, 799 )
No funeral director or embalmer may
permit any person to enter any room in any funeral home or mortuary where
dead bodies are being embalmed, except licensed embalmers and their
assistants, funeral directors, public officers in the discharge of their
official duties, and attending physicians and their assistants, unless by
direct permission of the immediate family of the deceased.
(Added to NRS by 1959, 848; A 1975, 710)
In a manner consistent
with the provisions of chapter 622A of NRS,
the Board shall cause the prosecution of all persons violating any
provision of this chapter 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 )
The Board may bring legal proceedings to
enjoin any person who violates any provision of this chapter, 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.
(Added to NRS by 1993, 2610; A 2003, 1279 )
Any
person who shall practice or hold himself out as practicing the
profession of embalming of dead human bodies without having complied with
the provisions of this chapter shall be punished by a fine of not more
than $500 for each offense.
[Part 7:28:1909; RL § 4451; NCL § 2671]—(NRS A 1967, 643)
1. Any funeral director who attempts to take care of the
disposition of dead human bodies or any person who performs or attempts
to perform direct cremations or immediate burials without having complied
with the provisions of this chapter, and without being licensed pursuant
to this chapter, or who continues in the business of a funeral director
or continues to conduct direct cremations or immediate burials after his
license has been revoked shall be fined not more than $500. Each day that
he is engaged in the business of a funeral director or that he conducts
direct cremations or immediate burials is a separate offense.
2. Any owner of a funeral establishment who operates or allows
another person to operate the establishment without having complied with
the provisions of this chapter, or who continues to operate or allow
another person to operate the establishment after his permit to operate
the establishment has been revoked shall be fined not more than $500.
Each day that he operates or allows another person to operate the
establishment is a separate offense.
3. Any owner of a funeral establishment or a funeral director or
any person acting for him who pays or causes to be paid, directly or
indirectly, any money or other thing of value as a commission or gratuity
for the securing of business as an owner of a funeral establishment or a
funeral director and every person who accepts or offers to accept any
money or thing of value as a commission or gratuity from an owner of a
funeral establishment or a funeral director to secure business for that
person is guilty of a misdemeanor.
(Added to NRS by 1959, 848; A 1967, 643; 1975, 710; 1995, 274)
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