[Rev. 11/21/2013 12:53:45 PM--2013]

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

GENERAL PROVISIONS

NRS 642.005           Definitions.

NRS 642.010           “Board” defined.

NRS 642.011           “Cremation” defined.

NRS 642.012           “Crematory” defined.

NRS 642.013           “Direct cremation” defined.

NRS 642.014           “Disposition” defined.

NRS 642.015           “Funeral director” defined.

NRS 642.016           “Funeral establishment” defined.

NRS 642.017           “Immediate burial” defined.

NRS 642.0175         “International Conference of Funeral Service Examining Boards” defined.

NRS 642.019           Compliance with certain federal regulations.

NRS 642.0195         Payment of child support: Submission of certain information by applicant; grounds for denial of license or certificate; duty of Board. [Effective until the date of the repeal of 42 U.S.C. § 666, 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.]

NRS 642.0195         Payment of child support: Submission of certain information by applicant; grounds for denial of license or certificate; duty of Board. [Effective on the date of the repeal of 42 U.S.C. § 666, 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.]

NRS 642.0197         Duty of funeral directors to report unclaimed human remains of deceased veterans to Department of Veterans Services; duties of Department upon receipt of report; disposition of remains; immunity from liability.

NEVADA FUNERAL AND CEMETERY SERVICES BOARD

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

NRS 642.030           Oaths of members; compensation of members and employees.

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

NRS 642.050           Meetings; quorum.

NRS 642.055           Offices; employees; duties.

NRS 642.060           Rules for transaction of business; seal.

NRS 642.063           Regulations.

NRS 642.066           Publication of guide for persons who purchase services provided by cemeteries, crematories and funeral establishments.

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

NRS 642.0673         Inspection of lists of prices and agreements on prices.

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

NRS 642.068           Fiscal year.

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

NRS 642.0693         Fee for providing materials.

NRS 642.0696         Other fees.

NRS 642.070           Deposit and use of fees.

NRS 642.075           Disposition of money collected by Board; delegation of authority to take disciplinary action; payment of attorney’s fees and costs of investigation.

EMBALMERS

Licenses

NRS 642.080           Qualifications of applicant.

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

NRS 642.100           Requirements for licensing embalmer licensed in another state.

NRS 642.110           License: Signatures; not transferable; display.

NRS 642.115           License: Inactive status; reactivation.

NRS 642.120           Renewal of license.

 

Disciplinary Action

NRS 642.130           Grounds for disciplinary action.

NRS 642.135           Authorized disciplinary action; private reprimands prohibited; orders imposing discipline deemed public records.

NRS 642.140           Duties of Secretary when license revoked.

APPRENTICE EMBALMERS

NRS 642.180           Certificate of registration required for apprentice; full-time employment required for credit for apprenticeship.

NRS 642.190           Qualifications of applicant.

NRS 642.200           Academic qualifications of applicant.

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

NRS 642.220           Fees; apprentice card.

NRS 642.230           Registration with Secretary; notice of change of instructor.

NRS 642.240           Semiannual reports of apprenticeship by licensed embalmer.

NRS 642.250           Licensed embalmer prohibited from employing unregistered apprentice; limitation on number of apprentices.

NRS 642.260           Conditions for embalming by apprentice.

NRS 642.270           Certain advertising or representations by apprentice prohibited.

NRS 642.280           Posting of certificate.

NRS 642.290           Leaves of absence.

NRS 642.300           Expiration of certificate; limitations on length of apprenticeship.

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

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

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

FUNERAL ESTABLISHMENTS, FUNERAL DIRECTORS AND OTHER LICENSEES

Licenses and Permits

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

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

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

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

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

NRS 642.363           Permit required to operate funeral establishment.

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

NRS 642.370           Moral character of applicant for license.

NRS 642.390           Investigation by Board.

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

NRS 642.410           Time limited for issuance or denial of license.

NRS 642.420           Renewal of license: Fee.

NRS 642.430           Renewal of license: Procedure.

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

NRS 642.440           Reinstatement of lapsed license.

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

NRS 642.455           Placement of license on inactive status; reactivation.

NRS 642.460           Contents and display of license.

NRS 642.465           Contents and display of permit; operation of funeral establishment by person named on permit.

 

Disciplinary Action

NRS 642.470           Grounds for disciplinary action.

NRS 642.473           Authorized disciplinary action; private reprimands prohibited; orders imposing discipline deemed public records.

NRS 642.480           “Unprofessional conduct” defined.

NRS 642.490           “False or misleading advertising” defined.

NRS 642.500           Petition for revocation or suspension of license or permit.

NRS 642.510           Order of revocation or suspension of license or permit.

ADDITIONAL PROVISIONS GOVERNING LICENSES, CERTIFICATES AND PERMITS

NRS 642.515           Temporary authorization for applicant to engage in regulated activities while application for license, certificate or permit is pending.

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

NRS 642.521           Suspension of license or certificate of registration for failure to pay child support or comply with certain subpoenas or warrants; reinstatement of license or certificate of registration. [Effective until 2 years after the date of the repeal of 42 U.S.C. § 666, 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.]

NRS 642.524           Confidentiality of certain records of Board; exceptions.

JUDICIAL REVIEW

NRS 642.530           Availability of judicial review; exceptions.

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

APPLICABILITY OF CHAPTER

NRS 642.550           Exclusions.

ENFORCEMENT; PROHIBITED PRACTICES; PENALTIES

NRS 642.555           Actions and remedies cumulative and not exclusive.

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

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

NRS 642.570           Prosecution of violations.

NRS 642.575           Injunctions.

NRS 642.580           Penalty for practicing embalming without license.

NRS 642.590           Penalty for taking care of disposition of dead human bodies or performing direct cremations or immediate burials without license; penalty for operating funeral establishment without permit; penalty for giving or receiving commission to secure business.

_________

GENERAL PROVISIONS

      NRS 642.005  Definitions.  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)

      NRS 642.010  “Board” defined.  “Board” means the Nevada Funeral and Cemetery Services Board.

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

      NRS 642.011  “Cremation” defined.  “Cremation” means the technical process that reduces human remains to bone fragments by using heat and evaporation.

      (Added to NRS by 1993, 2609)

      NRS 642.012  “Crematory” defined.  “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)

      NRS 642.013  “Direct cremation” defined.  “Direct cremation” means a cremation without formal viewing, visitation or a ceremony with the body present.

      (Added to NRS by 1993, 2609)

      NRS 642.014  “Disposition” defined.  “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)

      NRS 642.015  “Funeral director” defined.

      1.  “Funeral director” means a person engaged in, conducting the business of or holding himself or herself 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 the person 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)

      NRS 642.016  “Funeral establishment” defined.  “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)

      NRS 642.017  “Immediate burial” defined.  “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)

      NRS 642.0175  “International Conference of Funeral Service Examining Boards” defined.  “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)

      NRS 642.019  Compliance with certain federal regulations.  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)

      NRS 642.0195  Payment of child support: Submission of certain information by applicant; grounds for denial of license or certificate; duty of Board. [Effective until the date of the repeal of 42 U.S.C. § 666, 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 the applicant 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 the applicant 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)

      NRS 642.0195  Payment of child support: Submission of certain information by applicant; grounds for denial of license or certificate; duty of Board. [Effective on the date of the repeal of 42 U.S.C. § 666, 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 the applicant 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 the applicant 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 42 U.S.C. § 666, 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)

      NRS 642.0197  Duty of funeral directors to report unclaimed human remains of deceased veterans to Department of Veterans Services; duties of Department upon receipt of report; disposition of remains; immunity from liability.

      1.  A funeral director who obtains custody of the unclaimed human remains of a deceased person whom the funeral director knows, has reason to know or reasonably believes is a veteran shall report the name of the deceased person to the Department of Veterans Services not later than 1 year after obtaining custody of the unclaimed human remains of the deceased person.

      2.  Upon receipt of a report made pursuant to subsection 1, the Department of Veterans Services shall determine whether the deceased person is a veteran who is eligible for interment at a national cemetery pursuant to 38 U.S.C. § 2402 or a veterans’ cemetery pursuant to NRS 417.210. The Department of Veterans Services shall provide notice of the determination to the funeral director.

      3.  If the Department of Veterans Services provides notice to a funeral director of a determination that a deceased person is a veteran who is eligible for interment at a national cemetery or a veterans’ cemetery, the funeral director shall arrange for the proper disposition of the veteran’s remains with:

      (a) A national cemetery or veterans’ cemetery; or

      (b) The Department of Veterans Services.

      4.  A funeral director is immune from civil or criminal liability for any act or omission with respect to complying with the provisions of this section.

      5.  As used in this section, “veteran” has the meaning ascribed to it in NRS 176A.090.

      (Added to NRS by 2011, 7; A 2013, 2520)

NEVADA FUNERAL AND CEMETERY SERVICES BOARD

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

      1.  The Nevada Funeral and Cemetery Services Board, consisting of seven members appointed by the Governor, is hereby created.

      2.  The Governor shall appoint:

      (a) Two members who are actively engaged as a funeral director or 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) Three members who are representatives of the general public.

      3.  No member of the Board 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 Chair 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; 2013, 1811)

      NRS 642.030  Oaths of members; compensation of members and employees.

      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 the Office of the Secretary of State.

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

      (a) A salary of not more than $150 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; 2007, 2956)

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

      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 or her 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]

      NRS 642.050  Meetings; quorum.

      1.  The Board shall meet at least once every calendar quarter, 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; 2013, 1811)

      NRS 642.055  Offices; employees; duties.  The Board shall:

      1.  Maintain a principal office in this State, and such other 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 an Executive Director and attorneys, investigators, inspectors and other professional consultants and clerical personnel necessary to the discharge of its duties.

      3.  Maintain all financial records, records relating to licenses, certificates and permits, meeting minutes, notices and other public documents of the Board in its principal office.

      4.  Establish minimum qualifications for the Executive Director, attorneys, investigators, inspectors, and other professional consultants and clerical personnel employed by the Board.

      5.  Maintain an Internet website and post on that Internet website the minutes of its meetings, notices and any other documents prepared by the Board for public information purposes.

      (Added to NRS by 1963, 158; A 2003, 1268; 2013, 1811)

      NRS 642.060  Rules for transaction of business; seal.

      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)

      NRS 642.063  Regulations.  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)

      NRS 642.066  Publication of guide for persons who purchase services provided by cemeteries, crematories and funeral establishments.

      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)

      NRS 642.067  Inspection of premises where funeral directing conducted or embalming practiced; employment and compensation of inspector.  The Board shall employ 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 must be paid out of the fees collected by the Board. The inspector shall, at least once every 2 years and at the direction of the Board, conduct an inspection of every premises in this State at which the business of funeral directing is conducted or embalming is practiced. A member of the Board shall not conduct any such inspection.

      (Added to NRS by 1959, 845; A 2003, 1268; 2013, 1812)

      NRS 642.0673  Inspection of lists of prices and agreements on prices.  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)

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

      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 or her 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)

      NRS 642.068  Fiscal year.  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)

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

      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)

      NRS 642.0693  Fee for providing materials.  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)

      NRS 642.0696  Other fees.

      1.  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

Regulatory fee, per written and signed agreement for funeral services to be furnished in this State      10

 

      2.  The regulatory fee of $10 prescribed in subsection 1 may only be charged once with respect to the remains of a deceased person and only at such time as an agreement for funeral services is fully executed, regardless of:

      (a) The number of funeral services furnished;

      (b) Whether such funeral services are furnished by more than one holder of a license, certificate or permit issued by the Board; or

      (c) Whether a subsequent agreement for funeral services is executed.

      3.  As used in this section, “funeral services” means those services performed normally by funeral directors or funeral or mortuary parlors, including, without limitation, crematory and embalming services.

      (Added to NRS by 2003, 1266; A 2013, 1812)

      NRS 642.070  Deposit and use of fees.  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)

      NRS 642.075  Disposition of money collected by Board; delegation of authority to take disciplinary action; payment of attorney’s fees and costs of investigation.

      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

      NRS 642.080  Qualifications of applicant.  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)

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

      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)

      NRS 642.100  Requirements for licensing embalmer licensed in another state.  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)

      NRS 642.110  License: Signatures; not transferable; display.

      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 the office or place of business of the licensee.

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

      NRS 642.115  License: Inactive status; reactivation.

      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 or her 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 the license is inactive.

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

      (a) Demonstration, if deemed necessary by the Board, that the licensee 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 or her license or any fees or penalties related to the renewal of the license for any year during the period in which the license was inactive.

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

      NRS 642.120  Renewal of license.

      1.  If a licensee wishes to renew his or her license, the Board shall renew the 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

      NRS 642.130  Grounds for 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)

      NRS 642.135  Authorized disciplinary action; private reprimands prohibited; orders imposing discipline deemed public records.

      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 the license;

      (b) Revoke the license;

      (c) Suspend the 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 the person 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)

      NRS 642.140  Duties of Secretary when license revoked.  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

      NRS 642.180  Certificate of registration required for apprentice; full-time employment required for credit for apprenticeship.

      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)

      NRS 642.190  Qualifications of applicant.  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 or her preceptor that such applicant shall enter upon his or her duties as soon as the certificate is granted; and

      5.  Pay any fees related to the application.

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

      NRS 642.200  Academic qualifications of applicant.

      1.  Each applicant for a certificate of registration as a registered apprentice shall furnish proof that he or she 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)

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

      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)

      NRS 642.220  Fees; apprentice card.

      1.  Each registered apprentice must pay:

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

      (b) Any other fees prescribed in NRS 642.0696.

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

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

      NRS 642.230  Registration with Secretary; notice of change of instructor.  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)

      NRS 642.240  Semiannual reports of apprenticeship by licensed embalmer.  Each licensed embalmer who has under his or her 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)

      NRS 642.250  Licensed embalmer prohibited from employing unregistered apprentice; limitation on number of apprentices.

      1.  No licensed embalmer may permit any person in his or her employ or under his or her supervision or control to serve the embalmer 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 or her at any one time.

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

      NRS 642.260  Conditions for embalming by apprentice.  All embalming of any nature whatsoever performed by a registered apprentice shall be done in the place of business owned or conducted by the registered apprentice’s preceptor or where the preceptor is employed, and must be in the presence of the preceptor or preceptors, and under the personal supervision of the preceptor or preceptors.

      (Added to NRS by 1959, 843)

      NRS 642.270  Certain advertising or representations by apprentice prohibited.  No registered apprentice as such may advertise or hold himself or herself out as a licensed embalmer, or use any title or abbreviation indicating that the registered apprentice is an embalmer, undertaker, mortician or funeral director.

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

      NRS 642.280  Posting of certificate.  Each registered apprentice shall have his or her certificate of registration posted in a conspicuous place in his or her preceptor’s place of business.

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

      NRS 642.290  Leaves of absence.

      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)

      NRS 642.300  Expiration of certificate; limitations on length of apprenticeship.

      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 the person 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)

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

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

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

      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

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

      1.  A person shall not engage in or conduct, or hold himself or herself out as engaging in or conducting, the business of a funeral director unless the person 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)

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

      1.  A funeral director shall not manage a 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, the funeral director must obtain approval from the Board for each funeral establishment that he or she manages.

      3.  A funeral director is responsible for the proper management of each funeral establishment of which the funeral director is the manager.

      (Added to NRS by 1999, 941)

      NRS 642.350  Issuance of license to funeral director engaged in business on July 1, 1959; renewal.  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. Such a funeral director may have the 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)

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

      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)

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

      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)

      NRS 642.363  Permit required to operate funeral establishment.

      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, the person must submit an application and obtain a permit for each funeral establishment he or she owns.

      (Added to NRS by 1995, 266)

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

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

      2.  Each applicant must furnish proof satisfactory to the Board that:

      (a) The applicant is of good moral character;

      (b) The applicant is at least 18 years old; and

      (c) The funeral establishment for which the applicant 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)

      NRS 642.370  Moral character of applicant for license.  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 the applicant is of good moral character.

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

      NRS 642.390  Investigation by Board.  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 the applicant’s good moral character.

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

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

      1.  The Board may subpoena witnesses.

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

      NRS 642.410  Time limited for issuance or denial of license.  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)

      NRS 642.420  Renewal of license: Fee.  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 the license.

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

      NRS 642.430  Renewal of license: Procedure.

      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 such licensee at his or her last known address, a notice that the 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)

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

      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.

Ê 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)

      NRS 642.440  Reinstatement of lapsed license.  When a licensed funeral director has for any reason allowed the 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)

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

      1.  In case of the death of a licensed funeral director who leaves a funeral establishment as part or all of his or her 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)

      NRS 642.455  Placement of license on inactive status; reactivation.

      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 the 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 the 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 the license upon the:

      (a) Demonstration, if deemed necessary by the Board, that the licensee 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 or her license or any fees or penalties related to the renewal of the license for any year during the period in which the license was inactive.

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

      NRS 642.460  Contents and display of license.  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)

      NRS 642.465  Contents and display of permit; operation of funeral establishment by person named on permit.

      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 or her name appears on the permit to operate that funeral establishment.

      (Added to NRS by 1995, 266)

Disciplinary Action

      NRS 642.470  Grounds for 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 may 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)

      NRS 642.473  Authorized disciplinary action; private reprimands prohibited; orders imposing discipline deemed public records.

      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 the license or permit;

      (b) Revoke the license or permit;

      (c) Suspend the 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 the person 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)

      NRS 642.480  “Unprofessional conduct” defined.  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 or her 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 or her 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 or her 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, including, without limitation, NRS 451.400.

      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; 2007, 402)

      NRS 642.490  “False or misleading advertising” defined.  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 the purchaser 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)

      NRS 642.500  Petition for revocation or suspension of license or permit.

      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)

      NRS 642.510  Order of revocation or suspension of license or permit.

      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 the license or during the period it is suspended.

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

ADDITIONAL PROVISIONS GOVERNING LICENSES, CERTIFICATES AND PERMITS

      NRS 642.515  Temporary authorization for applicant to engage in regulated activities while application for license, certificate or permit is pending.

      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)

      NRS 642.518  Immediate suspension of license, certificate or permit: Grounds; procedure.  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)

      NRS 642.521  Suspension of license or certificate of registration for failure to pay child support or comply with certain subpoenas or warrants; reinstatement of license or certificate of registration. [Effective until 2 years after the date of the repeal of 42 U.S.C. § 666, 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)

      NRS 642.524  Confidentiality of certain records of Board; exceptions.

      1.  Except as otherwise provided in this section and NRS 239.0115, 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; 2007, 2146)

JUDICIAL REVIEW

      NRS 642.530  Availability of judicial review; exceptions.

      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)

      NRS 642.540  Stay of decision of Board upon posting of bond pending judicial review.  Notwithstanding the provisions of chapter 622A of NRS, if a holder of a license, permit or certificate seeks judicial review of the decision of the Board to revoke or suspend the 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

      NRS 642.550  Exclusions.  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

      NRS 642.555  Actions and remedies cumulative and not exclusive.

      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)

      NRS 642.557  Orders requiring person to desist or refrain from engaging in certain conduct.  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)

      NRS 642.560  Admittance of unauthorized person to certain rooms in funeral home or mortuary prohibited.  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)

      NRS 642.570  Prosecution of violations.  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)

      NRS 642.575  Injunctions.  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)

      NRS 642.580  Penalty for practicing embalming without license.  Any person who shall practice or hold himself or herself 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)

      NRS 642.590  Penalty for taking care of disposition of dead human bodies or performing direct cremations or immediate burials without license; penalty for operating funeral establishment without permit; penalty for giving or receiving commission to secure business.

      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 or her license has been revoked shall be fined not more than $500. Each day that he or she is engaged in the business of a funeral director or 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 or her permit to operate the establishment has been revoked shall be fined not more than $500. Each day that he or she 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 or her 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)