Senate Bill No. 241–Senator Shaffer

February 23, 1999

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Referred to Committee on Commerce and Labor

 

SUMMARY—Makes various changes to provisions governing deceased persons. (BDR 54-1433)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State or on Industrial Insurance: No.

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

 

AN ACT relating to deceased persons; requiring a funeral director to obtain the approval of the state board of funeral directors, embalmers and operators of cemeteries and crematories to manage a funeral establishment; providing that a funeral director is responsible for the proper management of each funeral establishment of which he is the manager; restricting the number of terms that a member of the board may serve consecutively; clarifying certain provisions governing the required education for a license to practice the profession of embalming; providing that a majority of the adult children of a deceased person may order the cremation of the human remains of the deceased person; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

1-1 Section 1. Chapter 642 of NRS is hereby amended by adding thereto a

1-2 new section to read as follows:

1-3 1. A funeral director shall not manage a funeral establishment

1-4 unless the funeral director has been approved by the board to manage

1-5 the funeral establishment.

1-6 2. If a funeral director manages more than one funeral

1-7 establishment, he must obtain approval from the board for each funeral

1-8 establishment that he manages.

1-9 3. A funeral director is responsible for the proper management of

1-10 each funeral establishment of which he is the manager.

2-1 Sec. 2. NRS 642.020 is hereby amended to read as follows:

2-2 642.020 1. The state board of funeral directors, embalmers and

2-3 operators of cemeteries and crematories, consisting of five members

2-4 appointed by the governor, is hereby created.

2-5 2. The governor shall appoint:

2-6 (a) One member who is actively engaged as a funeral director and

2-7 embalmer.

2-8 (b) One member who is actively engaged as an operator of a cemetery.

2-9 (c) One member who is actively engaged in the operation of a

2-10 crematory.

2-11 (d) Two members who are representatives of the general public.

2-12 3. No member who is a representative of the general public may:

2-13 (a) Be the holder of a license or certificate issued by the board or be an

2-14 applicant or former applicant for such a license or certificate.

2-15 (b) Be related within the third degree of consanguinity or affinity to the

2-16 holder of a license or certificate issued by the board.

2-17 (c) Be employed by the holder of a license or certificate issued by the

2-18 board.

2-19 4. After the initial terms, members of the board serve terms of 4 years,

2-20 except when appointed to fill unexpired terms. Each member may serve no

2-21 more than two consecutive full terms.

2-22 5. The chairman of the board must be chosen from the members of the

2-23 board who are representatives of the general public.

2-24 Sec. 3. NRS 642.080 is hereby amended to read as follows:

2-25 642.080 An applicant for a license to practice the profession of

2-26 embalming in the State of Nevada shall:

2-27 1. Have attained the age of 18 years.

2-28 2. Be of good moral character.

2-29 3. Be a high school graduate and have completed 2 academic years of

2-30 instruction [(] by taking 60 semester or 90 quarter hours [)] at an accredited

2-31 college or university. Credits earned at an embalming college or school of

2-32 mortuary science do not fulfill this requirement.

2-33 4. Have completed 12 full months of instruction in an embalming

2-34 college or school of mortuary science accredited by the Conference of

2-35 Funeral Services Examining Boards of the United States, Incorporated, and

2-36 approved by the board, and have not less than 1 year’s practical experience

2-37 under the supervision of an embalmer licensed in the State of Nevada.

2-38 5. Have actually embalmed at least 50 bodies under the supervision of

2-39 a licensed embalmer prior to the date of application.

2-40 6. Present to the board affidavits of at least two reputable residents of

2-41 the county in which the applicant proposes to engage in the practice of an

2-42 embalmer to the effect that the applicant is of good moral character.

3-1 Sec. 4. NRS 642.200 is hereby amended to read as follows:

3-2 642.200 1. Any person registering as an apprentice embalmer shall

3-3 furnish proof that he is a high school graduate and has completed 2

3-4 academic years of instruction [(] by taking 60 semester or 90 quarter hours

3-5 [)] at an accredited college or university. Credits earned at an embalming

3-6 college or a school of mortuary science do not fulfill this requirement.

3-7 2. Such proof shall be furnished before such apprentice can be

3-8 registered with the board.

3-9 Sec. 5. NRS 451.650 is hereby amended to read as follows:

3-10 451.650 1. The following persons, in the following order of priority,

3-11 may order the cremation of human remains of a deceased person:

3-12 (a) The surviving spouse;

3-13 (b) [The] A majority of the adult children ; [jointly;]

3-14 (c) The living parents jointly; or

3-15 (d) The decedent’s guardian or personal representative.

3-16 2. If the deceased person was an indigent or other person for the final

3-17 disposition of whose remains a county or the state is responsible, the

3-18 appropriate public officer may order cremation of the remains and provide

3-19 for the respectful disposition of the cremated remains.

3-20 3. If the deceased person donated his body for scientific research or,

3-21 before his death, a medical facility was made responsible for his final

3-22 disposition, a representative of the scientific institution or medical facility

3-23 may order cremation of his remains.

3-24 4. A living person may order the cremation of human remains removed

3-25 from his body or the cremation of his body after his death. In the latter

3-26 case, any person acting pursuant to his instructions is an authorized agent.

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