Changes to Existing Law

HB1015 — update provisions related to the licensure of funeral directors and the provision of funeral services.

36 sections modified+919-3221

View:

§ 36-19-1

Amended

+51-216

Section 36-19-1 — AMENDED

Terms used in this chapter mean: (1) "Board," the State Board of Funeral Service; ~~(1A)~~(2) "Branch chapel," a separate facility with a visitation room or chapel~~where~~ , in which no embalming is permitted~~that~~ , and which is owned by, a subsidiary of, or otherwise financially connected to or controlled by a licensed funeral establishment; ~~(2) "Embalmer," any person engaged in or conducting, or holding the person out as~~ ~~engaged in or conducting, the business of disinfecting, preserving, or both, or~~ ~~attempting to disinfect or preserve, or both, or cremate, dead human bodies, in~~ ~~whole or in part by use of chemicals externally, internally or by other methods, as~~ ~~approved by the department of health;~~ (3) "Funeral director," any person~~, partnership, limited liability company, corporation,~~ ~~association, or organization~~ engaged in or ~~conducting or~~holding ~~that person~~ out as being engaged in~~or conducting, at a funeral establishment, the business of~~ ~~preparing, other than embalming, for burial or disposal, and supervising the burial~~ ~~or disposal of dead human bodies, or who shall, in connection with the person's~~ ~~name or business, use the title, funeral director, undertaker, mortician, or any~~ ~~other title implying that the person is engaged in the business herein described~~: (a) Conducting funeral services and burials of casketed remains; (b) Disinfecting and preserving dead human bodies; or (c) Cremating human remains; 25 (4) "Funeral establishment," ~~any place of~~ a business~~conducted~~, at a ~~specific street~~ ~~address or~~physical location, devoted to ~~the care and preparation~~caring for and preparing dead human bodies for burial or transportation ~~of dead human bodies~~; (5) ~~"Funeral service," those service provided or rendered by an embalmer or funeral~~ ~~director, or both, as set forth in subdivisions (2) or (3) of this section~~; ~~(6)~~ "Trainee ~~in funeral service~~," any person who has registered with the board and is engaged in ~~the~~ training of to provide funeral ~~service. However, no person may~~ ~~serve or attempt to serve as such trainee until that person has filed a registration~~ ~~with the board of funeral service as set forth in this chapter~~services.

§ 36-19-10

Repealed

-170

Section 36-19-10 — REPEALED

Text shown as codified in 2025, the earliest snapshot available; it may differ from the law as it stood when this 2023 bill was introduced.

~~Source: SDC 1939, § 27.1403; SL 1939, ch 102, § 3; SL 1945, ch 109; SL 1947, ch 124; SL 1963, ch 154, § 2; revised pursuant to SL 1972, ch 15, § 3; SL 2023, ch 137, § 23.~~

§ 36-19-12

Amended

+83-84

Section 36-19-12 — AMENDED

~~It shall be the duty of the State Board of Funeral Service to examine~~ ~~applicants for licenses as provided by this chapter; to keep all necessary records; receive~~ ~~registrations of trainees in funeral service; to control and issue reciprocal licenses and~~ ~~renewals of all other licenses as provided in this chapter; to revoke or suspend upon~~ ~~proper cause, and to provide hearings in such matters and to investigate any and all~~ ~~complaints originating from the violation of any section or sections of this chapter~~The board may: (1) Issue and renew licenses, as provided in this chapter; (2) Issue subpoenas, examine witnesses, administer oaths, conduct hearings and, at its discretion, investigate allegations of violations of this chapter, and impose penalties for such violations; (3) Enter into contracts and employ necessary personnel to carry out its responsibilities under this chapter; (4) Communicate disciplinary actions to state and federal authorities and to other state funeral director licensing authorities; and (5) Perform other duties as necessary to administer this chapter.

§ 36-19-13

Repealed

-52

Section 36-19-13 — REPEALED

Text shown as codified in 2025, the earliest snapshot available; it may differ from the law as it stood when this 2023 bill was introduced.

~~Source: SL 1963, ch 154, § 2; SL 2023, ch 137, § 24.~~

§ 36-19-14

Amended

+25-27

Section 36-19-14 — AMENDED

No A person ~~shall embalm~~may not, without being licensed by the board: (1) Embalm any dead human body~~or practice~~; (2) Practice embalming~~, or direct~~; (3) Direct or supervise funerals~~, practice~~; (4) Practice funeral service, ; or ~~maintain~~ (5) Maintain a funeral establishment in ~~the State of South Dakota, without being~~ ~~licensed by the State Board of Funeral Service~~this state.

§ 36-19-17

Repealed

-119

Section 36-19-17 — REPEALED

Text shown as codified in 2025, the earliest snapshot available; it may differ from the law as it stood when this 2023 bill was introduced.

~~Source: SL 1963, ch 154, § 3; SL 1977, ch 300, § 1; SL 1991, ch 311, § 2; SL 2008, ch 191, § 34; SL 2023, ch 137, § 25.~~

§ 36-19-18

Amended

+23-37

Section 36-19-18 — AMENDED

The ~~State Board of Funeral Service~~board shall provide for the registration of ~~trainees for license~~each trainee pursuing licensure to practice funeral service. ~~Trainees shall at all times remain registered with the board and~~ The board shall~~payan initial~~, by rule promulgated in accordance with chapter 1-26, provide for a registration fee, which may not to exceed twenty-five dollars ~~set by the State Board of~~ ~~Funeral Service, by rule promulgated pursuant to chapter 1-26~~.

§ 36-19-2

Amended

+103-234

Section 36-19-2 — AMENDED

The State Board of Funeral Service ~~shall include the five~~ ~~professional~~consists of five members~~who shall~~ appointed by the Governor. Four members must be persons who have been licensed to practice funeral service~~.The Governor shall appoint the professional members of the board. However, no~~ ~~person may be appointed as a professional member of the board who has not been~~ ~~licensed in this state, as an embalmer and funeral director, or to practice funeral service,~~ ~~for at least five years prior to appointment~~ for at least five years and are currently licensed in accordance with this chapter. One member must be a representative of the public who is not associated with or financially interested in the provision of funeral services and is not a member of a related profession or a practitioner of a related occupation. The term of office ~~of appointed members~~ is three years. ~~The~~ In the event of a vacancy, the Governor shall~~, by appointment, fill any vacancy.~~ ~~The board shall also include two lay members who are users of the services~~ ~~regulated by the board. The term, lay member who is a user, refers to a person who is~~ ~~not licensed by the board but, where practical, uses the service licensed. The term shall~~ ~~be liberally construed to implement the purpose of this section. The Governor shall appoint~~ ~~the lay members. The lay members shall have the same term of office as other members~~ ~~of the board~~ appoint a new member to fill the unexpired term. No A board member may not serve more than three consecutive full terms. ~~However,~~An appointment to fill an unexpired term is not considered ~~a complete~~to be a full term ~~for this purpose. The Governor may stagger the terms to enable the board to have~~ ~~different terms expire each year~~. ~~The terms of members begin~~Each term of office begins on October thirty-first of ~~the calendar year in which the Governor appoints the member, unless otherwise~~ 34 ~~designated by the Governor. The appointee's term expires on October thirtieth in the third~~ ~~year of appointment.~~ ~~Any member's term ending June 30, 2013, or thereafter is extended to October~~ ~~thirtieth in the year the term is to expire~~. The ~~board shall also include the~~ secretary of health or the secretary's designee shall serve as a an ex officio, nonvoting member of the board.

§ 36-19-20

Repealed

-160

Section 36-19-20 — REPEALED

Text shown as codified in 2025, the earliest snapshot available; it may differ from the law as it stood when this 2023 bill was introduced.

~~Source: SDC 1939, § 27.1406; SL 1939, ch 102, § 4; SL 1951, ch 132, § 1; SL 1963, ch 154, § 3; SL 1972, ch 15, § 3; SL 2013, ch 174, § 1; SL 2023, ch 137, § 26.~~

§ 36-19-21

Amended

+140-132

Section 36-19-21 — AMENDED

~~In order to obtain a license in the practice of funeral service, the~~ ~~applicant shall submit evidence that the applicant is a citizen of the United States or a~~ ~~resident of South Dakota; is~~The board may issue a license to practice funeral service to any person who: (1) Is at least eighteen years of age; ~~is of good moral character; has sixty semester~~ ~~hours credit from a college or university in a course approved by the State Board~~ ~~of Funeral Service; has completed one year's course at a school of embalming,~~ ~~accredited by the board; has completed one year's work as a trainee~~ ~~embalmer-funeral director in this state; and has passed an examination on the~~ 31 ~~following subjects: embalming and care, disposition and preservation of the bodies~~ ~~of deceased persons, sanitation for the prevention of the spread of infectious or~~ ~~contagious diseases, and local health and sanitation ordinances and regulations~~ ~~relating to mortuary science~~ (2) Submits an application on a form prescribed by the board; (3) Pays the application fee established by the board, in accordance with section 8 of this Act; (4) Has completed at least ninety credit hours offered by an accredited institution of higher education and obtained a degree or a certificate from a mortuary science or funeral service program that is accredited by the American Board of Funeral Service Education; (5) Has completed one year as a trainee under a person licensed pursuant to this chapter; (6) Has passed the national board examination, administered by the International Conference of Funeral Service Examining Board; and (7) Has not committed any act that constitutes a ground for denying, suspending, or revoking a license under this chapter.

§ 36-19-22

Repealed

-117

Section 36-19-22 — REPEALED

Text shown as codified in 2025, the earliest snapshot available; it may differ from the law as it stood when this 2023 bill was introduced.

~~Source: SDC 1939, § 27.1406; SL 1939, ch 102, § 4; SL 1951, ch 132, § 1; SL 1963, ch 154, § 3; SL 2023, ch 137, § 27.~~

§ 36-19-23

Repealed

-52

Section 36-19-23 — REPEALED

Text shown as codified in 2025, the earliest snapshot available; it may differ from the law as it stood when this 2023 bill was introduced.

~~Source: SL 1963, ch 154, § 3; SL 2023, ch 137, § 28.~~

§ 36-19-24

Repealed

-161

Section 36-19-24 — REPEALED

Text shown as codified in 2025, the earliest snapshot available; it may differ from the law as it stood when this 2023 bill was introduced.

~~Source: SDC 1939, § 27.1407; SL 1939, ch 102, § 5; SL 1951, ch 132, § 2; SL 1963, ch 154, § 6; SL 1977, ch 300, § 3; SL 2007, ch 220, § 1; SL 2023, ch 137, § 29.~~

§ 36-19-25

Amended

+21-26

Section 36-19-25 — AMENDED

A license to practice funeral service ~~shall be issued and is~~ ~~renewable~~must be renewed annually~~upon payment of a~~. The board shall, by rule promulgated in accordance with chapter 1-26, establish the renewal fee, which may not to exceed one hundred twenty-five dollars ~~set by the State Board of Funeral Service, by~~ ~~rule promulgated pursuant to chapter 1-26~~.

§ 36-19-25.1

Repealed

-52

Section 36-19-25.1 — REPEALED

Text shown as codified in 2025, the earliest snapshot available; it may differ from the law as it stood when this 2023 bill was introduced.

~~Source: SL 1983, ch 272, § 2; SL 2023, ch 137, § 30.~~

§ 36-19-27

Amended

+68-77

Section 36-19-27 — AMENDED

An application for a license to operate a funeral establishment ~~shall be~~ ~~submitted~~is required for each location~~and shall be in writing~~. The application must be on a form provided by the ~~State Board of Funeral Service and shall be accompanied by a fee~~ ~~not to exceed two hundred fifty dollars set by the State Board of Funeral Service, by rule~~ ~~promulgated pursuant to chapter 1-26~~. ~~A license to operate a funeral establishment may~~ ~~be granted upon approval and recommendation by the state~~board and accompanied by an application fee. The board shall, by rule promulgated in accordance with chapter 1-26, establish the application fee, which may not exceed two hundred fifty dollars. 33 The board may inspect the funeral establishment to verify compliance with state law and rules of the board. The application ~~shall state~~for a license to operate a funeral establishment must include the name of the individual who is ~~duly~~ licensed ~~as either a funeral director or in~~ ~~funeral service~~under this chapter and ~~who shall be in charge and~~ responsible for managing all transactions conducted and services performed.

§ 36-19-28

Repealed

-136

Section 36-19-28 — REPEALED

Text shown as codified in 2025, the earliest snapshot available; it may differ from the law as it stood when this 2023 bill was introduced.

~~Source: SDC 1939, § 27.1401 as added by SL 1939, ch 102, § 1; SDC Supp 1960, § 27.1401 (3); SL 1963, ch 154, § 1; SL 2023, ch 137, § 31.~~

§ 36-19-3

Repealed

-184

Section 36-19-3 — REPEALED

Text shown as codified in 2025, the earliest snapshot available; it may differ from the law as it stood when this 2023 bill was introduced.

~~Source: SDC 1939, § 27.1402; SL 1939, ch 102, § 2; SL 1963, ch 154, § 2; SL 1976, ch 234, § 2; SL 1985, ch 15, § 48; SL 2015, ch 56 (HJR 1005), eff. May 1, 2015; SL 2023, ch 137, § 20.~~

§ 36-19-30

Amended

+5-15

Section 36-19-30 — AMENDED

~~Every~~ Each funeral establishment ~~shall~~ must be managed ~~and~~ ~~conducted~~ by a person licensed ~~to practice funeral service, or who is a licensed funeral~~ ~~director~~ under this chapter.

§ 36-19-31

Amended

+11-23

Section 36-19-31 — AMENDED

~~Each~~ The board shall inspect each funeral establishment ~~shall be~~ ~~inspected annually by a member of the State Board of Funeral Service, or by an inspector~~ ~~employed by said board~~at least once every three years.

§ 36-19-32

Amended

+37-39

Section 36-19-32 — AMENDED

The holder of any funeral establishment license who transfers the location of ~~such~~ the establishment, or ceases to operate the ~~same~~establishment, or transfers ~~such~~ the license to another, shall, within five days thereafter, notify the ~~State~~ ~~Board of Funeral Service thereof. In case of transfer of such license~~board. If the location is transferred, the transferee shall ~~promptly furnish~~provide to the board the name of the individual who is ~~duly~~ licensed ~~as either a funeral director or in funeral service, and who~~ ~~will, and shall, be in charge and~~, in accordance with this chapter, and is responsible for all transactions conducted and services performed ~~therein~~. The board may inspect the new location to verify compliance with state law and rules of the board.

§ 36-19-33

Repealed

-52

Section 36-19-33 — REPEALED

Text shown as codified in 2025, the earliest snapshot available; it may differ from the law as it stood when this 2023 bill was introduced.

~~Source: SL 1963, ch 154, § 5; SL 2023, ch 137, § 32.~~

§ 36-19-34

Repealed

-52

Section 36-19-34 — REPEALED

Text shown as codified in 2025, the earliest snapshot available; it may differ from the law as it stood when this 2023 bill was introduced.

~~Source: SL 1963, ch 154, § 6; SL 2023, ch 137, § 33.~~

§ 36-19-35

Repealed

-117

Section 36-19-35 — REPEALED

Text shown as codified in 2025, the earliest snapshot available; it may differ from the law as it stood when this 2023 bill was introduced.

~~Source: SDC 1939, § 27.1407; SL 1939, ch 102, § 5; SL 1951, ch 132, § 2; SL 1963, ch 154, § 6; SL 2023, ch 137, § 34.~~

§ 36-19-36

Amended

+11-10

Section 36-19-36 — AMENDED

~~Every~~ Each license issued under this chapter, ~~except~~ other than the funeral establishment license, ~~shall be nontransferable~~is not transferable and ~~shall~~ must be displayed by ~~such~~ the licensee in a conspicuous place in ~~his or her~~the licensee's office or place of business. 30

§ 36-19-37

Amended

+40-68

Section 36-19-37 — AMENDED

~~All licenses~~Each license issued under ~~the provisions of~~ this chapter ~~are~~ ~~valid only until~~expires on the following December thirty-first ~~day of December.~~ ~~If a licensee desires a renewal of such license, the State Board of Funeral Service~~ ~~shall grant it, except for cause in compliance with chapter 1-26. All applications~~. Each application for renewal ~~shall~~ must be ~~made within thirty days prior to the~~ ~~expiration of the license and shall~~submitted to the board during the month of December and must be accompanied by a renewal fee. The board shall promulgate rules, in accordance with chapter 1-26, to establish the amount of the fee, which may not to exceed two hundred fifty dollars~~, set by the board, by rule promulgated pursuant to chapter 1-~~ 26.

§ 36-19-38

Amended

+230-122

Section 36-19-38 — AMENDED

The ~~State Board of Funeral Service, acting in compliance with chapter~~ ~~1-26,~~ board may refuse to ~~grant,~~renew, and may suspend, or revoke, any license if the license holder ~~or the license applicant~~: (1) Obtained the license by fraud or misrepresentation either in applying for the license or in passing the examination for the license; (2) Alters a license; (3) Uses intoxicants or drugs to such a degree as to render the person unfit to practice funeral service ~~or funeral directing~~; ~~(3)~~(4) Has been convicted of a : (a) A felony; or (b) Any crime involving ~~moral turpitude. However, upon the conviction of a~~ ~~holder of a valid license, of a felony or crime involving moral turpitude, the~~ ~~conviction shall immediately and automatically revoke the license;~~ ~~(4) Is not a person of good moral character~~ dishonesty, any conduct intended to deceive or defraud the public, or any other unprofessional conduct; (5) Is guilty of malpractice in the business of funeral service ~~or funeral directing~~; (6) Is guilty of ~~willful violation of any section of~~willfully violating this chapter, or any rule of the board, or any ~~rule of the state or any municipal board or department of~~ ~~health~~ordinance or federal regulation governing the disposition, shipment, or transportation of dead human bodies;~~or willfully fails to make any report required~~ ~~by law or by the rules of the board;~~ 33 (7) Signs a certificate stating that the person embalmed or prepared a dead human body for shipment or burial, ~~whereas~~ if in fact~~, someone, other than the~~ another person~~signing the certificate~~, other than a trainee for whom supervision was provided, embalmed or prepared the dead human body for shipment or burial; (8) ~~Pays or~~ Directly or indirectly: (a) Pays or causes to be paid, ~~directly or indirectly,~~ a commission for the securing of business; or~~, directly or indirectly solicits such~~ (b) Solicits business~~. However~~ , provided that the soliciting of members or the selling of stock in any cooperative burial association is not a violation of this subdivision; (9) Engages in any practice or conduct that constitutes a danger to the health, safety, or welfare of the public; (10) Engages in any conduct that is unbecoming of a licensee or applicant; (11) Has been disciplined by the board of another state or territory for any act or omission that would be a violation of this chapter or rules adopted by the board; (11) Fails to report to the board: (a) Any discipline imposed by the board of another state or territory; (b) Any felony conviction; or (c) Any conviction for an offense arising out of the practice of funeral service; (12) Has employed, enabled, or assisted the unlicensed practice or provision of any service, other than that authorized by this chapter or rules adopted by the board; (13) Fails to maintain adequate safety and sanitary conditions or other requirements of funeral establishments, as set forth in this chapter or rules adopted by the board pursuant to chapter 1-26; or (14) Engages in any unfair or deceptive act or practice. If the license as funeral director is held by a firm, corporation, association, or organization, the provisions of this section apply to the members of the board of directors, officers, and employees, as well as to the firm, corporation, association, or organization.

§ 36-19-4

Repealed

-129

Section 36-19-4 — REPEALED

Text shown as codified in 2025, the earliest snapshot available; it may differ from the law as it stood when this 2023 bill was introduced.

~~Source: SDC 1939, § 27.1403; SL 1939, ch 102, § 3; SL 1945, ch 109; SL 1947, ch 124; SL 1963, ch 154, § 2; SL 2023, ch 137, § 21.~~

§ 36-19-40

Repealed

-136

Section 36-19-40 — REPEALED

Text shown as codified in 2025, the earliest snapshot available; it may differ from the law as it stood when this 2023 bill was introduced.

~~Source: SDC 1939, § 27.1408; SL 1939, ch 102, § 6; SL 1963, ch 154, § 7; revised pursuant to SL 1972, ch 15, § 4; SL 2023, ch 137, § 35.~~

§ 36-19-42

Repealed

-53

Section 36-19-42 — REPEALED

Text shown as codified in 2025, the earliest snapshot available; it may differ from the law as it stood when this 2023 bill was introduced.

~~Source: SL 1963, ch 154, § 11; SL 2023, ch 137, § 36.~~

§ 36-19-43

Repealed

-47

Section 36-19-43 — REPEALED

Text shown as codified in 2025, the earliest snapshot available; it may differ from the law as it stood when this 2023 bill was introduced.

~~Source: SL 1984, ch 253; SL 2023, ch 137, § 37.~~

§ 36-19-5

Repealed

-95

Section 36-19-5 — REPEALED

Text shown as codified in 2025, the earliest snapshot available; it may differ from the law as it stood when this 2023 bill was introduced.

~~Source: SDC 1939, § 27.1402; SL 1939, ch 102, § 2; SL 1963, ch 154, § 2; SL 2023, ch 137, § 22.~~

§ 36-19-6

Amended

+30-31

Section 36-19-6 — AMENDED

The ~~State Board of Funeral Service~~board shall meet at least ~~once a~~ twice each year, at a time and place established by the board, and may ~~also~~ hold ~~special~~additional meetings ~~as frequently as the proper and efficient discharge of its duties~~ ~~requires.~~ ~~Four members constitute a quorum for the transaction of business~~at the call of the president or at the request of a majority of the board.

§ 36-19-6.1

Amended

+1-15

Section 36-19-6.1 — AMENDED

The ~~State Board of Funeral Service~~ board shall continue within the Department of Health, and shall retain all its prescribed functions, including administrative functions. The board shall submit such records, information, and reports in the form and at such times as required by the secretary of health~~, except that the board shall report at~~ ~~least annually~~.

§ 36-19-7

Amended

+29-73

Section 36-19-7 — AMENDED

~~The State Board of Funeral Service may, pursuant to chapter 3-6D,~~ ~~determine the compensation of the secretary and other assistants as may be necessary~~ ~~to carry out the provisions of this chapter and any rules promulgated under this chapter.~~ ~~The board may incur other expenses as may be necessary. The compensation of the~~ ~~members and the other expenses of the board shall be paid out of the fees received from~~ ~~applicants and licensees~~Each member of the board shall receive per diem compensation in accordance with § 4-7-10.4 and reimbursement for expenses incurred while engaged in official business, as provided by law.

§ 36-19-9

Amended

+11-108

Section 36-19-9 — AMENDED

29 -19-9. The ~~State Board of Funeral Service may elect, out of its own~~ ~~number~~board shall annually elect, from among its own members, a president, a vice-president, and ~~secretary-treasurer, and, pursuant to chapter 1-26, promulgate the~~ ~~rules as may be reasonable and proper to:~~ ~~(1) Establish the minimum physical standards of licensees' funeral establishments;~~ ~~(2) Regulate the inspection of each funeral establishment;~~ ~~(3) Establish the educational, training, reciprocity and renewal requirements for~~ ~~licensure; and~~ ~~(4) However, the board may not regulate the method and manner of providing funeral~~ ~~service.~~ ~~The treasurer of the board shall give bond in the sum of five thousand dollars with~~ ~~sufficient sureties to be approved by the board, conditioned for the honest and faithful~~ ~~discharge of the treasurer's duties~~ a secretary.

Section 36-19-38 — AMENDED