requires two-thirds majority vote (§ 13)                                                                                                               

                                                                                                  

 

Senate Bill No. 323–Senator Shaffer

 

March 17, 2003

____________

 

Referred to Committee on Commerce and Labor

 

SUMMARY—Revises provisions governing funeral directors, embalmers and operators of cemeteries and crematories. (BDR 54‑306)

 

FISCAL NOTE:  Effect on Local Government: No.

                           Effect on the State: No.

 

~

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

1-1  Section 1. NRS 622.010 is hereby amended to read as follows:

1-2  622.010  As used in this chapter, unless the context otherwise

1-3  requires, “occupational licensing board” includes, without

1-4  limitation:

1-5  1.  The State Board of Architecture, Interior Design and

1-6  Residential Design.

1-7  2.  The State Board of Landscape Architecture.

1-8  3.  The State Contractors’ Board.

2-1  4.  The State Board of Professional Engineers and Land

2-2  Surveyors.

2-3  5.  The Board of Registered Environmental Health Specialists.

2-4  6.  The Nevada State Board of Accountancy.

2-5  7.  The Board of Medical Examiners.

2-6  8.  The Board of Homeopathic Medical Examiners.

2-7  9.  The Board of Dental Examiners of Nevada.

2-8  10.  The State Board of Nursing.

2-9  11.  The State Board of Osteopathic Medicine.

2-10      12.  The Chiropractic Physicians’ Board of Nevada.

2-11      13.  The State Board of Oriental Medicine.

2-12      14.  The State Board of Podiatry.

2-13      15.  The Nevada State Board of Optometry.

2-14      16.  The Board of Dispensing Opticians.

2-15      17.  The Board of Hearing Aid Specialists.

2-16      18.  The Board of Examiners for Audiology and Speech

2-17  Pathology.

2-18      19.  The Nevada State Board of Veterinary Medical Examiners.

2-19      20.  The State Board of Pharmacy.

2-20      21.  The State Board of Physical Therapy Examiners.

2-21      22.  The Board of Occupational Therapy.

2-22      23.  The Board of Psychological Examiners.

2-23      24.  The Board of Examiners for Marriage and Family

2-24  Therapists.

2-25      25.  The Board of Examiners for Social Workers.

2-26      26.  The Board of Examiners for Alcohol and Drug Abuse

2-27  Counselors.

2-28      27.  The [State Board of Funeral Directors, Embalmers and

2-29  Operators of Cemeteries and Crematories.] Nevada State Funeral

2-30  Board.

2-31      28.  The State Barbers’ Health and Sanitation Board.

2-32      29.  The State Board of Cosmetology.

2-33      30.  The Real Estate Division of the Department of Business

2-34  and Industry.

2-35      31.  The Commissioner of Financial Institutions.

2-36      32.  The Private Investigator’s Licensing Board.

2-37      33.  The Health Division of the Department of Human

2-38  Resources.

2-39      34.  The Nevada State Board of Examiners for Administrators

2-40  of Facilities for Long-Term Care.

2-41      35.  The Certified Court Reporters’ Board of Nevada.

 

 

 

3-1  Sec. 2.  Chapter 642 of NRS is hereby amended by adding

3-2  thereto the provisions set forth as sections 3 to 6, inclusive, of this

3-3  act.

3-4  Sec. 3.  “International Conference of Funeral Service

3-5  Examining Boards” means the International Conference of

3-6  Funeral Service Examining Boards, Incorporated, or any

3-7  successor in interest to that organization.

3-8  Sec. 4.  1.  The actions and remedies authorized by this

3-9  chapter are cumulative.

3-10      2.  When an agency or officer elects to take a particular action

3-11  or pursue a particular remedy authorized by this chapter or

3-12  another specific statute, that election is not exclusive and does not

3-13  preclude the agency or officer or another agency or officer from

3-14  taking any other actions or pursuing any other remedies

3-15  authorized by this chapter or another specific statute.

3-16      Sec. 5.  1.  If the Board has reasonable cause to believe that

3-17  any person is violating or is threatening to or intends to violate

3-18  any provision of this chapter or chapter 451 or 452 of NRS, any

3-19  regulation adopted by the Board pursuant thereto or any order of

3-20  the Board, the Board may enter an order requiring the person to

3-21  desist or refrain from engaging in the violation.

3-22      2.  The provisions of NRS 241.034 do not apply to any action

3-23  that is taken by the Board pursuant to this section.

3-24      Sec. 6.  1.  If the Board finds that probable cause exists for

3-25  the revocation of a license, permit or certificate issued by the

3-26  Board pursuant to the provisions of this chapter or chapter 451 or

3-27  452 of NRS, and that enforcement of the provisions of this chapter

3-28  or chapter 451 or 452 of NRS requires immediate suspension of

3-29  the license, permit or certificate pending an investigation, the

3-30  Board may, upon 5 days’ written notice and a preliminary

3-31  hearing, enter an order suspending the license, permit or

3-32  certificate for a period of not more than 60 days, pending a

3-33  hearing upon the revocation of the license, permit or certificate.

3-34      2.  For the purposes of this section, notice shall be deemed to

3-35  be sufficient if the notice is personally served on the holder of the

3-36  license, permit or certificate or posted at the address of the holder,

3-37  as indicated in the records of the Board, at least 5 days before the

3-38  preliminary hearing.

3-39      3.  The provisions of NRS 241.034 do not apply to any action

3-40  that is taken by the Board pursuant to this section.

3-41      Sec. 7.  NRS 642.005 is hereby amended to read as follows:

3-42      642.005  As used in this chapter, unless the context otherwise

3-43  requires, the words and terms defined in NRS 642.010 to 642.017,

3-44  inclusive, and section 3 of this act have the meanings ascribed to

3-45  them in those sections.

4-1  Sec. 8.  NRS 642.010 is hereby amended to read as follows:

4-2  642.010  “Board” means the [State Board of Funeral Directors,

4-3  Embalmers and Operators of Cemeteries and Crematories.] Nevada

4-4  State Funeral Board.

4-5  Sec. 9.  NRS 642.019 is hereby amended to read as follows:

4-6  642.019  Each holder of a license , permit or certificate issued

4-7  by the Board pursuant to this chapter or chapter 451 or 452 of NRS

4-8  shall comply with the provisions of Part 453 of Title 16 of the Code

4-9  of Federal Regulations.

4-10      Sec. 10.  NRS 642.020 is hereby amended to read as follows:

4-11      642.020  1.  The [State Board of Funeral Directors,

4-12  Embalmers and Operators of Cemeteries and Crematories,] Nevada

4-13  State Funeral Board, consisting of five members appointed by the

4-14  Governor, is hereby created.

4-15      2.  The Governor shall appoint:

4-16      (a) One member who is actively engaged as a funeral director

4-17  and embalmer.

4-18      (b) One member who is actively engaged as an operator of a

4-19  cemetery.

4-20      (c) One member who is actively engaged in the operation of a

4-21  crematory.

4-22      (d) Two members who are representatives of the general public.

4-23      3.  No member who is a representative of the general public

4-24  may:

4-25      (a) Be the holder of a license or certificate issued by the Board

4-26  or be an applicant or former applicant for such a license or

4-27  certificate.

4-28      (b) Be related within the third degree of consanguinity or

4-29  affinity to the holder of a license or certificate issued by the Board.

4-30      (c) Be employed by the holder of a license or certificate issued

4-31  by the Board.

4-32      4.  After the initial terms, members of the Board serve terms of

4-33  4 years, except when appointed to fill unexpired terms. [Each

4-34  member may serve no more than two consecutive full terms.]

4-35      5.  The Chairman of the Board must be chosen from the

4-36  members of the Board who are representatives of the general public.

4-37      Sec. 11.  NRS 642.055 is hereby amended to read as follows:

4-38      642.055  The Board may:

4-39      1.  Maintain offices in as many localities in the State as it finds

4-40  necessary to carry out the provisions of this chapter[.] and chapters

4-41  451 and 452 of NRS.

4-42      2.  Employ attorneys, investigators and other professional

4-43  consultants and clerical personnel necessary to the discharge of its

4-44  duties.

 

5-1  Sec. 12.  NRS 642.060 is hereby amended to read as follows:

5-2  642.060  [1.  The members of the Board shall have power to

5-3  adopt such regulations for the transaction of business of the Board

5-4  and management of its affairs as they may deem expedient.

5-5  2.] The Board [is authorized to] may adopt and use a common

5-6  seal.

5-7  Sec. 13.  NRS 642.063 is hereby amended to read as follows:

5-8  642.063  [The]

5-9  1.  In carrying out the provisions of this chapter and chapters

5-10  451 and 452 of NRS, the Board may adopt [reasonable rules and

5-11  regulations for the purpose of carrying into effect the provisions of

5-12  this chapter.] any regulations that the Board deems necessary.

5-13      2.  In addition to the fees that the Board is authorized or

5-14  required to collect pursuant to the provisions of a specific statute,

5-15  the Board may adopt regulations which establish other reasonable

5-16  fees relating to any license, permit or certificate issued by the

5-17  Board or any other service provided by the Board pursuant to the

5-18  provisions of this chapter or chapter 451 or 452 of NRS.

5-19      Sec. 14.  NRS 642.067 is hereby amended to read as follows:

5-20      642.067  The Board may inspect any premises in which the

5-21  business of funeral directing is conducted or where embalming is

5-22  practiced[,] and , for that purpose , may employ a licensed

5-23  embalmer of the State of Nevada as an inspector to aid in the

5-24  enforcement of this chapter and chapters 451 and 452 of NRS and

5-25  the [rules] regulations adopted pursuant thereto, whose

5-26  compensation and expenses shall be paid out of the fees collected by

5-27  the Board.

5-28      Sec. 15.  NRS 642.0677 is hereby amended to read as follows:

5-29      642.0677  1.  A member of the Board’s staff who is designated

5-30  by the Board may investigate an alleged violation of any provision

5-31  of this chapter[.] or chapter 451 or 452 of NRS, any regulation

5-32  adopted pursuant thereto or any order of the Board.

5-33      2.  The designated member of the Board’s staff shall report his

5-34  findings to the Attorney General, who shall:

5-35      (a) Dismiss the investigation;

5-36      (b) Proceed in accordance with the provisions of this chapter or

5-37  chapter 451 or 452 of NRS, as appropriate, and chapter 233B of

5-38  NRS; or

5-39      (c) Investigate the matter further before acting pursuant to

5-40  paragraph (a) or (b).

5-41      Sec. 16.  NRS 642.069 is hereby amended to read as follows:

5-42      642.069  1.  The Board shall charge and collect an annual fee

5-43  from each holder of a license or certificate issued by the Board

5-44  pursuant to chapter 451 or 452 of NRS . [an]

6-1  2.  The Board shall adopt regulations which establish the

6-2  annual fee in an amount that is sufficient in the aggregate, together

6-3  with the fees received from applicants during the previous year, to

6-4  defray the Board’s necessary expenses in performing its duties

6-5  [under those chapters.] pursuant to chapters 451 and 452 of NRS.

6-6  Sec. 17.  NRS 642.070 is hereby amended to read as follows:

6-7  642.070  All fees collected under the provisions of this chapter

6-8  [shall] and chapters 451 and 452 of NRS must be paid to the

6-9  Treasurer of the Board to be used to defray the necessary expenses

6-10  of the Board. The Treasurer shall deposit the fees in banks, credit

6-11  unions or savings and loan associations in the State of Nevada.

6-12      Sec. 18.  NRS 642.075 is hereby amended to read as follows:

6-13      642.075  1.  Except as otherwise provided in subsection 4, all

6-14  reasonable expenses incurred by the Board in carrying out the

6-15  provisions of this chapter and chapters 451 and 452 of NRS must

6-16  be paid from the money which it receives. No part of the salaries or

6-17  expenses of the Board may be paid out of the State General Fund.

6-18      2.  Except as otherwise provided in this section, all money

6-19  collected by the Board from the imposition of fines must be

6-20  deposited with the State Treasurer for credit to the State General

6-21  Fund. All other money received by the Board must be deposited in

6-22  qualified banks, credit unions or savings and loan associations in

6-23  this state and paid out on its order for its expenses.

6-24      3.  The Board may delegate to a hearing officer or panel its

6-25  authority to take any disciplinary action pursuant to this chapter[,]

6-26  or chapter 451 or 452 of NRS, to impose and collect fines therefor

6-27  and to deposit the money therefrom in banks, credit unions or

6-28  savings and loan associations in this state.

6-29      4.  If a hearing officer or panel is not authorized to take

6-30  disciplinary action pursuant to subsection 3 and the Board deposits

6-31  the money collected from the imposition of fines with the State

6-32  Treasurer for credit to the State General Fund, it may present a

6-33  claim to the State Board of Examiners for recommendation to the

6-34  Interim Finance Committee if money is needed to pay attorney’s

6-35  fees or the costs of an investigation, or both.

6-36      Sec. 19.  NRS 642.080 is hereby amended to read as follows:

6-37      642.080  [An] Except as otherwise provided in NRS 642.100,

6-38  an applicant for a license to practice the profession of embalming in

6-39  the State of Nevada shall:

6-40      1.  Have attained the age of 18 years.

6-41      2.  Be of good moral character.

6-42      3.  Be a high school graduate and have completed 2 academic

6-43  years of instruction by taking 60 semester or 90 quarter hours at an

6-44  accredited college or university. Credits earned at an embalming

6-45  college or school of mortuary science do not fulfill this requirement.

7-1  4.  Have completed 12 full months of instruction in an

7-2  embalming college or school of mortuary science which is

7-3  accredited by the International Conference of Funeral [Services]

7-4  Service Examining Boards [of the United States, Incorporated,] and

7-5  approved by the Board, and have not less than 1 year’s practical

7-6  experience under the supervision of an embalmer licensed in the

7-7  State of Nevada.

7-8  5.  Have actually embalmed at least 50 bodies under the

7-9  supervision of a licensed embalmer prior to the date of application.

7-10      6.  Present to the Board affidavits of at least two reputable

7-11  residents of the county in which the applicant proposes to engage in

7-12  the practice of an embalmer to the effect that the applicant is of

7-13  good moral character.

7-14      Sec. 20.  NRS 642.090 is hereby amended to read as follows:

7-15      642.090  1.  Every person who wishes to practice the

7-16  profession of embalming must appear before the Board and[, upon

7-17  payment of a fee not to exceed $300 to cover expenses of

7-18  examination,] must be examined in the knowledge of the subjects

7-19  set forth in subsection [2.] 5.

7-20      2.  If a person is a registered apprentice, the person must

7-21  fulfill the requirements of NRS 642.310 and 642.330 before the

7-22  person may take the examination.

7-23      3.  If a person is not a registered apprentice, the person must

7-24  pay a fee not to exceed $300 to cover the expenses of the

7-25  examination before the person may take the examination.

7-26      4.  Examinations must be in writing, and the Board may require

7-27  actual demonstration on a cadaver. An applicant who has passed the

7-28  national examination given by the International Conference of

7-29  Funeral Service Examining Boards is not required to take any

7-30  portion of the examination set forth in subsection [2] 5 that repeats

7-31  or duplicates a portion of the national examination. All examination

7-32  papers must be kept on record by the Board.

7-33      [2.] 5. The members of the Board shall examine applicants for

7-34  licenses in the following subjects:

7-35      (a) Anatomy, sanitary science and signs of death.

7-36      (b) Care, disinfection, preservation, transportation of and burial

7-37  or other final disposition of dead bodies.

7-38      (c) The manner in which death may be determined.

7-39      (d) The prevention of the spread of infectious and contagious

7-40  diseases.

7-41      (e) Chemistry, including toxicology.

7-42      (f) Restorative art, including plastic surgery and derma surgery.

7-43      (g) The laws and regulations of this state relating to funeral

7-44  directing and embalming.

8-1  (h) Regulations of the State Board of Health relating to

8-2  infectious diseases and quarantine.

8-3  (i) Any other subject which the Board may determine by

8-4  regulation to be necessary or proper to prove the efficiency and

8-5  qualification of the applicant.

8-6  [3.] 6. If an applicant fulfills the requirements [of NRS

8-7  642.0195 and 642.080 and] set forth in this chapter to be licensed

8-8  to practice the profession of embalming, has passed the

8-9  examination [provided for] required by this chapter[,] and has paid

8-10  all fees related to the application and the examination, the Board

8-11  shall issue to the applicant a license to practice the profession of

8-12  embalming for 1 year.

8-13      Sec. 21.  NRS 642.100 is hereby amended to read as follows:

8-14      642.100  Reciprocity may be arranged by the Board if an

8-15  applicant:

8-16      1.  Is a graduate of an embalming college or a school of

8-17  mortuary science which is accredited by the International

8-18  Conference of Funeral Service Examining Boards[;] and approved

8-19  by the Board;

8-20      2.  Is licensed as an embalmer in another state;

8-21      3.  Has practiced embalming successfully for at least 5 years

8-22  and practiced actively for 2 years immediately preceding the

8-23  application for a license by reciprocity;

8-24      4.  Is of good moral character;

8-25      5.  Has passed the examination given by the Board on the

8-26  subjects set forth in subsection [2] 5 of NRS 642.090 or the national

8-27  examination given by the International Conference of Funeral

8-28  Service Examining Boards;

8-29      6.  Possesses knowledge of the applicable statutes and

8-30  regulations of this state governing embalmers; and

8-31      7.  Pays [a] an application fee not to exceed $300 [to the

8-32  Secretary of the Board.] and any other fees related to the

8-33  application and the examination.

8-34      Sec. 22.  NRS 642.115 is hereby amended to read as follows:

8-35      642.115  1.  Upon written request to the Board and payment of

8-36  a fee not to exceed $150, a person who is licensed to practice the

8-37  profession of embalming in this state and who is a licensee in good

8-38  standing may have his license placed on inactive status. A licensee

8-39  whose license has been placed on inactive status shall not engage in

8-40  the practice of the profession of embalming during the period in

8-41  which his license is inactive.

8-42      2.  If a licensee wishes to resume the practice of the profession

8-43  of embalming, the Board shall reactivate his license upon the:

8-44      (a) Demonstration, if deemed necessary by the Board, that he is

8-45  qualified and competent to practice;

9-1  (b) Completion of an application; and

9-2  (c) Payment of the fee for the renewal of the license and any

9-3  other fees related to the reactivation of the license.

9-4  3.  A licensee is not required to pay the fee[, including

9-5  penalties,] for the renewal of [a] his license or any fees or penalties

9-6  related to the renewal of his license for any year during the period

9-7  in which his license was inactive.

9-8  Sec. 23.  NRS 642.120 is hereby amended to read as follows:

9-9  642.120  1.  If a licensee wishes to renew his license, the

9-10  Board shall renew his license, except for cause, [and] if the licensee

9-11  complies with the provisions of this section.

9-12      2.  The annual fee for the renewal of a license must not exceed

9-13  [the sum of $200.

9-14      2.] $200.

9-15      3.  The [Board shall mail on or before January 1 of each year to

9-16  each licensed embalmer, addressed to him at his last known address,

9-17  a notice that his] renewal fee and the statement required pursuant to

9-18  NRS 642.0195 are due [and that if] on January 1 of each year. If

9-19  the statement is not submitted or the renewal fee is not paid by

9-20  February 1 , a penalty of $100 will be added to the renewal fee, and

9-21  in no case will the penalty be waived.

9-22      [3.] 4.  Upon receipt of the statement , [and] the renewal fee

9-23  and any penalties imposed pursuant to subsection [2,] 3, the Board

9-24  shall issue a renewal certificate to the licensee.

9-25      Sec. 24.  NRS 642.130 is hereby amended to read as follows:

9-26      642.130  The following acts are grounds for which the Board

9-27  may take disciplinary action against a person who is licensed to

9-28  practice the profession of embalming pursuant to this chapter or

9-29  refuse to issue such a license to an applicant therefor:

9-30      1.  Gross incompetency.

9-31      2.  Unprofessional, unethical or dishonest conduct.

9-32      3.  Habitual intemperance.

9-33      4.  Fraud or misrepresentation in obtaining or attempting to

9-34  obtain a license to practice the profession of embalming.

9-35      5.  Employment by the licensee of persons commonly known as

9-36  “cappers,” “steerers” or “solicitors,” or of other persons to obtain

9-37  funeral directing or embalming business.

9-38      6.  Malpractice.

9-39      7.  Gross immorality.

9-40      8.  The unlawful use of any controlled substance.

9-41      9.  Conviction of a felony.

9-42      10.  False or misleading advertising as defined in NRS 642.490,

9-43  or false or misleading statements in the sale of merchandise or

9-44  services.

10-1      11.  Refusal to surrender promptly the custody of a dead human

10-2  body upon the request of a person who is legally entitled to custody

10-3  of the body.

10-4      12.  Violation by the licensee of any provision of this chapter,

10-5  any regulation adopted pursuant thereto , any order of the Board or

10-6  any other law of this state relating to the practice of any of the

10-7  professions regulated by the Board.

10-8      13.  The theft or misappropriation of money in a trust fund

10-9  established and maintained pursuant to chapter 689 of NRS.

10-10     Sec. 25.  NRS 642.180 is hereby amended to read as follows:

10-11     642.180  1.  No person may serve as an apprentice under a

10-12  licensed embalmer or attempt to serve as an apprentice to a licensed

10-13  embalmer without first having procured from the Board a certificate

10-14  of registration as [an apprentice, and apprentices shall] a registered

10-15  apprentice.

10-16     2.  Registered apprentices must be regularly employed as full-

10-17  time employees to receive apprenticeship credit.

10-18     Sec. 26.  NRS 642.190 is hereby amended to read as follows:

10-19     642.190  Each applicant for a certificate of registration as a

10-20  registered apprentice [shall be] must:

10-21     1.  Be of good moral character [,] and possess temperate habits

10-22  [, be] ;

10-23     2.  Be at least 18 years of age[, and present] ;

10-24     3.  Fulfill the requirements set forth in this chapter to be a

10-25  registered apprentice;

10-26     4.  Present an affidavit from his preceptor that such applicant

10-27  shall enter upon his duties as soon as [such] the certificate is granted

10-28  [.] ; and

10-29     5.  Pay any fees related to the application.

10-30     Sec. 27.  NRS 642.200 is hereby amended to read as follows:

10-31     642.200  1.  [Any person registering as an apprentice

10-32  embalmer] Each applicant for a certificate of registration as a

10-33  registered apprentice shall furnish proof that he is a high school

10-34  graduate and has completed 2 academic years of instruction by

10-35  taking 60 semester or 90 quarter hours at an accredited college or

10-36  university. Credits earned at an embalming college or a school of

10-37  mortuary science do not fulfill this requirement.

10-38     2.  Such proof [shall] must be furnished before [such apprentice

10-39  can be registered with the Board.] the applicant may be issued a

10-40  certificate of registration as a registered apprentice.

10-41     Sec. 28.  NRS 642.210 is hereby amended to read as follows:

10-42     642.210  1.  An applicant for a certificate of registration as a

10-43  registered apprentice shall immediately notify the Secretary of the

10-44  Board of such fact in order to receive credit for time spent.

11-1      2.  Credit on the required apprenticeship commences on the

11-2  date the application for [apprenticeship] the certificate of

11-3  registration is filed with the Secretary of the Board, and no

11-4  applications may be accepted antedated.

11-5      Sec. 29.  NRS 642.220 is hereby amended to read as follows:

11-6      642.220  1.  Each registered apprentice must pay [a] :

11-7      (a) An annual fee not to exceed $100 [per year to the Board] ;

11-8  and

11-9      (b) Any other fees related to the certificate of registration.

11-10     2.  Each registered apprentice shall carry an apprentice card

11-11  certified by the Secretary of the Board.

11-12     Sec. 30.  NRS 642.240 is hereby amended to read as follows:

11-13     642.240  Each licensed embalmer [in the State of Nevada,] who

11-14  has under his supervision or control a [person serving as an

11-15  apprentice embalmer,] registered apprentice shall report such fact to

11-16  the Board semiannually on or before January 1 and July 1 of each

11-17  year. The Secretary of the Board shall immediately forward to such

11-18  embalmer forms wherein information desired by the Board shall be

11-19  requested by interrogations. Such reports shall disclose the work

11-20  which such apprentice has performed during the semiannual period

11-21  preceding the first of the month on which such report is made,

11-22  including the number of bodies such apprentice has assisted in

11-23  embalming or otherwise prepared for disposition during that period.

11-24     Sec. 31.  NRS 642.250 is hereby amended to read as follows:

11-25     642.250  1.  No licensed embalmer may permit any person in

11-26  his employ or under his supervision or control to serve him as an

11-27  apprentice unless such person has a certificate of registration as a

11-28  registered apprentice.

11-29     2.  A licensed embalmer may have no more than one [licensed]

11-30  registered apprentice serving under him at any one time.

11-31     Sec. 32.  NRS 642.270 is hereby amended to read as follows:

11-32     642.270  No registered apprentice as such may advertise or hold

11-33  himself out as a [registered] licensed embalmer, or use any title or

11-34  abbreviation indicating that he is an embalmer, undertaker,

11-35  mortician or funeral director.

11-36     Sec. 33.  NRS 642.280 is hereby amended to read as follows:

11-37     642.280  [Every person who is registered as an apprentice with

11-38  the Board] Each registered apprentice shall have his certificate of

11-39  registration posted in a conspicuous place in his preceptor’s place of

11-40  business.

11-41     Sec. 34.  NRS 642.290 is hereby amended to read as follows:

11-42     642.290  [Application by an]

11-43     1.  A registered apprentice may apply for a leave of absence

11-44  and for the extension [thereof shall be filed] of any leave of absence

11-45  by:

12-1      (a) Filing an application with the Secretary of the Board ; and

12-2      (b) Paying any fees related to the application.

12-3      2.  The application may be granted by the Board, if the facts of

12-4  the case disclose sufficient reason for granting the request.

12-5      Sec. 35.  NRS 642.300 is hereby amended to read as follows:

12-6      642.300  [Apprenticeship in embalming]

12-7      1.  A certificate of registration expires 1 year after the date of

12-8  issuance of the certificate by the Board, [and no] unless the

12-9  certificate is renewed in accordance with the regulations adopted

12-10  by the Board.

12-11     2.  No person may [be registered as an] hold a certificate of

12-12  registration as a registered apprentice entitling him to practice the

12-13  occupation of an embalmer’s apprentice under a licensed embalmer

12-14  more than 2 consecutive years without successfully passing the

12-15  examination for [embalmers given by the Board.] a license to

12-16  practice the profession of embalming pursuant to NRS 642.090.

12-17     Sec. 36.  NRS 642.310 is hereby amended to read as follows:

12-18     642.310  [The application of an apprentice making application

12-19  to the Board to take an] Before a registered apprentice may take

12-20  the examination for [an embalmer’s license shall be on file in the

12-21  Secretary’s office, accompanied by] a license to practice the

12-22  profession of embalming pursuant to NRS 642.090, the registered

12-23  apprentice must file an application with the Secretary of the Board

12-24  and pay a fee of $100, not later than 30 days [prior to] before the

12-25  date of such examination.

12-26     Sec. 37.  NRS 642.320 is hereby amended to read as follows:

12-27     642.320  All registered apprentices shall file applications for

12-28  licenses to practice the profession of embalming within 12 months

12-29  after they have completed the [prescribed 1 year’s] required 1 year

12-30  of apprenticeship. Failure to do so automatically revokes

12-31  [apprenticeship] the certificate of registration.

12-32     Sec. 38.  NRS 642.330 is hereby amended to read as follows:

12-33     642.330  [All applicants shall hold a diploma from]

12-34     1.  Before a registered apprentice may take the examination

12-35  for a license to practice the profession of embalming pursuant to

12-36  NRS 642.090, the registered apprentice must have completed

12-37  instruction in an accredited and approved embalming college[,] or

12-38  school of mortuary science, as prescribed by NRS 642.080 . [,

12-39  before taking the examination. The examination may be taken]

12-40     2.  A registered apprentice may take the examination for a

12-41  license to practice the profession of embalming pursuant to NRS

12-42  642.090 before the [applicant] registered apprentice has completed

12-43  the required 1 year of apprenticeship.

 

 

13-1      Sec. 39.  NRS 642.360 is hereby amended to read as follows:

13-2      642.360  1.  An application for [a permit to operate a funeral

13-3  establishment,] a funeral director’s license or a license to conduct

13-4  direct cremations or immediate burials must be in writing and

13-5  verified on a form provided by the Board.

13-6      2.  Each applicant must be over 18 years of age and of good

13-7  moral character.

13-8      3.  Except as otherwise provided in subsection 4, each applicant

13-9  for a funeral director’s license must pass an examination given by

13-10  the Board upon the following subjects:

13-11     (a) The signs of death.

13-12     (b) The manner by which death may be determined.

13-13     (c) The laws governing the preparation, burial and disposal of

13-14  dead human bodies, and the shipment of bodies of persons dying

13-15  from infectious or contagious diseases.

13-16     (d) Local health and sanitary ordinances and regulations relating

13-17  to funeral directing and embalming.

13-18     (e) Federal regulations governing funeral practices.

13-19     (f) The laws and regulations of this state relating to funeral

13-20  directing and embalming.

13-21     4.  An applicant who has passed the national examination given

13-22  by the International Conference of Funeral Service Examining

13-23  Boards is not required to take any portion of the examination set

13-24  forth in subsection 3 that repeats or duplicates a portion of the

13-25  national examination.

13-26     5.  The application must be accompanied by [a] an application

13-27  fee not to exceed $300[.] and any other fees related to the

13-28  application.

13-29     6.  If the Board establishes a fee to take the examination for a

13-30  funeral director’s license, an applicant must pay the fee before the

13-31  applicant takes the examination.

13-32     Sec. 40.  NRS 642.365 is hereby amended to read as follows:

13-33     642.365  1.  An application for a permit to operate a funeral

13-34  establishment must be in writing and verified on a form provided by

13-35  the Board.

13-36     2.  Each applicant must furnish proof satisfactory to the Board

13-37  that:

13-38     (a) He is of good moral character;

13-39     (b) He is at least 18 years old; and

13-40     (c) The funeral establishment for which he is requesting the

13-41  permit is constructed, equipped and maintained in the manner

13-42  described in NRS 642.016.

13-43     3.  Each application must be accompanied by [a] an application

13-44  fee not to exceed $300[.] and any other fees related to the

13-45  application.

14-1      Sec. 41.  NRS 642.390 is hereby amended to read as follows:

14-2      642.390  Upon receipt of an application for a permit to operate

14-3  a funeral establishment, a funeral director’s license or a license to

14-4  conduct direct cremations or immediate burials, the Board shall

14-5  cause an investigation to be made as to the character of the

14-6  applicant, and may require such showing as will reasonably prove

14-7  his good moral character.

14-8      Sec. 42.  NRS 642.400 is hereby amended to read as follows:

14-9      642.400  1.  The Board may subpoena witnesses . [and, after]

14-10     2.  After a proper hearing, the Board shall issue to an applicant

14-11  a funeral director’s license or a license to conduct direct cremations

14-12  or immediate burials if it finds that the applicant [is] :

14-13     (a) Is of good moral character[.] ;

14-14     (b) Fulfills the requirements set forth in this chapter for the

14-15  license; and

14-16     (c) Has paid all fees related to the application.

14-17     Sec. 43.  NRS 642.415 is hereby amended to read as follows:

14-18     642.415  The Board may charge a fee for providing materials

14-19  relating to the provisions of this chapter or chapter 451 or 452 of

14-20  NRS which are requested by persons who have been issued permits,

14-21  licenses and certificates pursuant to this chapter or chapter 451 or

14-22  452 of NRS or by members of the general public. The fee may not

14-23  exceed the cost incurred by the Board to provide those materials.

14-24     Sec. 44.  NRS 642.430 is hereby amended to read as follows:

14-25     642.430  1.  The Board shall mail, on or before January 1 of

14-26  each year, to each licensed funeral director and each person licensed

14-27  to conduct direct cremations or immediate burials, addressed to him

14-28  at his last known address, a notice that his renewal fee is due and

14-29  that if the renewal fee is not paid by February 1, a penalty not to

14-30  exceed $200[,] will be added to the renewal fee, and in no case will

14-31  the penalty be waived.

14-32     2.  Upon receipt of the renewal fee, the statement required

14-33  pursuant to NRS 642.0195 and any penalties imposed pursuant to

14-34  subsection 1, the Board shall issue a renewal certificate to the

14-35  licensee.

14-36     Sec. 45.  NRS 642.435 is hereby amended to read as follows:

14-37     642.435  1.  Each person who is issued a permit to operate a

14-38  funeral establishment must pay an annual fee, not to exceed $200,

14-39  for the renewal of the permit.

14-40     2.  The Board shall, before renewing a permit to operate a

14-41  funeral establishment, make an unannounced inspection of the

14-42  establishment for which the permit was issued to ensure compliance

14-43  with:

15-1      (a) The laws governing the preparation, burial and disposal of

15-2  dead human bodies, and the shipment of bodies of persons who have

15-3  died from infectious or contagious diseases;

15-4      (b) Local health and sanitary ordinances and regulations relating

15-5  to funeral directing and embalming; and

15-6      (c) Federal regulations governing funeral practices.

15-7  Each [owner of a funeral establishment] person who is issued a

15-8  permit to operate a funeral establishment shall be deemed to have

15-9  consented to such an inspection as a condition for the issuance of

15-10  the permit.

15-11     3.  The Board shall, on or before January 1 of each year, mail to

15-12  each holder of a permit to operate a funeral establishment a notice

15-13  that the renewal fee for the permit is due and that if [that] the

15-14  renewal fee is not paid by February 1, a penalty not to exceed $200

15-15  will be added to the renewal fee, and in no case will the penalty be

15-16  waived.

15-17     4.  Upon receipt of the renewal fee and any penalties imposed

15-18  by the Board pursuant to subsection 3, the Board shall issue a

15-19  renewal certificate to the [owner of the funeral establishment.]

15-20  holder of the permit.

15-21     Sec. 46.  NRS 642.450 is hereby amended to read as follows:

15-22     642.450  1.  In case of the death of a licensed funeral director

15-23  who leaves a funeral establishment as part or all of his estate, the

15-24  Board may issue to the legal representative of the deceased funeral

15-25  director, if the legal representative is of good moral character, a

15-26  special temporary license as a funeral director for the duration of the

15-27  administration of the estate, but in no case to exceed 1 year.

15-28     2.  The fees for the application, issuance and renewal of a

15-29  special temporary license [issued pursuant to subsection 1] and any

15-30  other fees related to the special temporary license and the time for

15-31  payment [thereof] of such fees must be the same as those required

15-32  for regular licenses.

15-33     Sec. 47.  NRS 642.455 is hereby amended to read as follows:

15-34     642.455  1.  Upon written request to the Board and payment of

15-35  a fee not to exceed $150, a person who holds a funeral director’s

15-36  license or a license to conduct direct cremations or immediate

15-37  burials and who is a licensee in good standing may have his license

15-38  placed on inactive status. A licensee whose license has been placed

15-39  on inactive status shall not engage in the business of funeral

15-40  directing or conducting direct cremations or immediate burials

15-41  during the period in which his license is inactive.

15-42     2.  If a licensee wishes to resume the business of funeral

15-43  directing or conducting direct cremations or immediate burials, the

15-44  Board shall reactivate his license upon the:

16-1      (a) Demonstration, if deemed necessary by the Board, that he is

16-2  qualified and competent to practice;

16-3      (b) Completion of an application; and

16-4      (c) Payment of the fee for the renewal of the license and any

16-5  other fees related to the reactivation of the license.

16-6      3.  A licensee is not required to pay the fee[, including

16-7  penalties,] for the renewal of [a] his license or any fees or penalties

16-8  related to the renewal of his license for any year during the period

16-9  in which his license was inactive.

16-10     Sec. 48.  NRS 642.473 is hereby amended to read as follows:

16-11     642.473  1.  If the Board determines that a person who holds a

16-12  funeral director’s license, a permit to operate a funeral establishment

16-13  or a license to conduct direct cremations or immediate burials has

16-14  committed any of the acts set forth in NRS 642.470, the Board may:

16-15     (a) Refuse to renew his license or permit;

16-16     (b) Revoke his license or permit;

16-17     (c) Suspend his license or permit for a definite period or until

16-18  further order of the Board;

16-19     (d) Impose a fine of not more than $5,000 for each act that

16-20  constitutes a ground for disciplinary action;

16-21     (e) Place him on probation for a definite period subject to any

16-22  reasonable conditions imposed by the board;

16-23     (f) Administer a public or private reprimand;

16-24     (g) Require him to pay the costs incurred by the Board in taking

16-25  disciplinary action against him; or

16-26     (h) Impose any combination of disciplinary actions set forth in

16-27  paragraphs (a) to (g), inclusive.

16-28     2.  [Before] Except as otherwise provided in section 6 of this

16-29  act, before the Board may refuse to renew, or suspend or revoke a

16-30  license or permit for any of the acts set forth in NRS 642.470, the

16-31  Board shall give at least 10 days’ notice in writing to the licensee or

16-32  holder of the permit. The notice must contain a brief statement of

16-33  the reasons for the proposed action of the Board and designate a

16-34  time and place for a hearing before any final action is taken.

16-35     Sec. 49.  NRS 642.480 is hereby amended to read as follows:

16-36     642.480  For the purposes of NRS 642.470, unprofessional

16-37  conduct includes:

16-38     1.  Misrepresentation or fraud in the operation of a funeral

16-39  establishment or the practice of a funeral director or person licensed

16-40  to conduct direct cremations or immediate burials.

16-41     2.  Solicitation of dead human bodies by the licensee or his

16-42  agents, assistants or employees, whether the solicitation occurs after

16-43  death or while death is impending, but this does not prohibit general

16-44  advertising.

17-1      3.  Employment by a holder of a permit to operate a funeral

17-2  establishment or licensee of persons commonly known as “cappers,”

17-3  “steerers” or “solicitors,” or of other persons to obtain funeral

17-4  directing or embalming business.

17-5      4.  Employment, directly or indirectly, of any apprentice, agent,

17-6  assistant, embalmer, employee or other person, on part or full time

17-7  or on commission, to call upon natural persons or institutions by

17-8  whose influence dead human bodies may be turned over to a

17-9  particular funeral director or embalmer.

17-10     5.  The buying of business by a holder of a permit to operate a

17-11  funeral establishment or a licensee or his agents, assistants or

17-12  employees, or the direct or indirect payment or offer of payment of a

17-13  commission by the holder of a permit or a licensee or his agents,

17-14  assistants or employees, to secure business.

17-15     6.  Gross immorality.

17-16     7.  Aiding or abetting an unlicensed person to practice funeral

17-17  directing or embalming.

17-18     8.  Using profane, indecent or obscene language in the presence

17-19  of a dead human body, or within the immediate hearing of the

17-20  family or relatives of a deceased whose body has not yet been

17-21  interred or otherwise disposed of.

17-22     9.  Solicitation or acceptance by a holder of a permit to operate

17-23  a funeral establishment or licensee of any commission, bonus or

17-24  rebate in consideration of recommending or causing a dead human

17-25  body to be disposed of in any crematory, mausoleum or cemetery.

17-26     10.  Except as otherwise provided in this subsection, using any

17-27  casket or part of a casket which has previously been used as a

17-28  receptacle for, or in connection with, the burial or other disposition

17-29  of a dead human body. The provisions of this subsection do not

17-30  prohibit the rental of the outer shell of a casket into which a

17-31  removable insert containing a dead human body is placed for the

17-32  purpose of viewing the body or for funeral services, or both, and

17-33  which is later removed from the outer shell for cremation.

17-34     11.  Violation of any [of the provisions] provision of this

17-35  chapter , [or of] any regulation adopted pursuant thereto[.] or any

17-36  order of the Board.

17-37     12.  Violation of any state law or municipal or county ordinance

17-38  or regulation affecting the handling, custody, care or transportation

17-39  of dead human bodies.

17-40     13.  Fraud or misrepresentation in obtaining a permit or license.

17-41     14.  Refusing to surrender promptly the custody of a dead

17-42  human body, upon the express order of the person lawfully entitled

17-43  to the custody thereof.

18-1      15.  Taking undue advantage of the patrons of a funeral

18-2  establishment or being guilty of fraud or misrepresentation in the

18-3  sale of merchandise to those patrons.

18-4      16.  The theft or misappropriation of money in a trust fund

18-5  established and maintained pursuant to chapter 689 of NRS.

18-6      17.  Habitual drunkenness or the unlawful use of a controlled

18-7  substance.

18-8      Sec. 50.  NRS 642.530 is hereby amended to read as follows:

18-9      642.530  [Upon a petition for]

18-10     1.  Except as otherwise provided in subsection 2, a person may

18-11  seek judicial review[, the district court may order a trial de novo.]

18-12  of any final decision of the Board that is made pursuant to the

18-13  provisions of this chapter or chapter 451 or 452 of NRS. Such

18-14  judicial review must be conducted pursuant to the provisions of

18-15  chapter 233B of NRS that apply to a contested case.

18-16     2.  A person may not seek judicial review of any decision of

18-17  the Board that orders an immediate suspension of a license,

18-18  permit or certificate pursuant to section 6 of this act.

18-19     Sec. 51.  NRS 642.540 is hereby amended to read as follows:

18-20     642.540  If a holder of a license, permit [to operate a funeral

18-21  establishment, a licensed funeral director or a person licensed to

18-22  conduct direct cremations or immediate burials appeals] or

18-23  certificate seeks judicial review of the decision of the Board to

18-24  revoke or suspend his license, permit or [license,] certificate, the

18-25  decision of the Board must not be stayed by the proceedings on

18-26  [appeal] judicial review and the [appeal] judicial review must not

18-27  operate to restore the right of the holder of the license, permit or

18-28  certificate to operate [his funeral establishment or the right of the

18-29  licensee to] or practice pending the [appeal,] judicial review, unless

18-30  a bond[,] with a sufficient surety[, to be] approved by the clerk of

18-31  the district court[,] is posted with the clerk, in such an amount as

18-32  the district [judge] court may require, conditioned that the [appeal]

18-33  judicial review will be prosecuted without unnecessary delay and

18-34  that, if the decision [appealed from is confirmed, that] of the Board

18-35  is affirmed, the holder of the license, permit or [licensee] certificate

18-36  will pay all costs.

18-37     Sec. 52.  NRS 642.570 is hereby amended to read as follows:

18-38     642.570  The Board shall cause the prosecution of all persons

18-39  violating any [of the provisions] provision of this chapter[.] or

18-40  chapter 451 or 452 of NRS.

18-41     Sec. 53.  NRS 642.575 is hereby amended to read as follows:

18-42     642.575  The Board may bring legal proceedings to enjoin any

18-43  person who violates any provision of this chapter , [or] any

18-44  regulation adopted pursuant thereto or any order of the Board from

19-1  practicing the profession of embalming. Any person who is so

19-2  enjoined is liable to the Board for attorney’s fees and court costs.

19-3      Sec. 54.  NRS 451.065 is hereby amended to read as follows:

19-4      451.065  1.  Except as otherwise provided in subsections 2 and

19-5  3, no crematory, funeral home, cemetery or other place that accepts

19-6  human remains for disposition may require the remains to be

19-7  embalmed or otherwise prepared before their disposition by

19-8  cremation, interment or otherwise, or before their removal from or

19-9  into any registration district.

19-10     2.  The State Board of Health may require embalming or other

19-11  preparations if necessary to protect the public.

19-12     3.  If embalming is not required by the State Board of Health

19-13  pursuant to subsection 2, the [State Board of Funeral Directors,

19-14  Embalmers and Operators of Cemeteries and Crematories] Nevada

19-15  State Funeral Board may authorize the embalming of a body if it

19-16  determines that it is necessary to preserve the body and the

19-17  crematory, funeral home, cemetery or other place that accepts

19-18  human remains for disposition:

19-19     (a) Has held the body for at least 72 hours;

19-20     (b) Is unable to notify a member of the family or other

19-21  authorized person to obtain approval to embalm the body; and

19-22     (c) Has no reason to believe that the family or other authorized

19-23  person does not wish to have the body embalmed.

19-24     4.  Any person who violates this section is guilty of a

19-25  misdemeanor.

19-26     Sec. 55.  NRS 451.635 is hereby amended to read as follows:

19-27     451.635  1.  No person may cremate human remains except in

19-28  a crematory whose operator is licensed by the [State Board of

19-29  Funeral Directors, Embalmers and Operators of Cemeteries and

19-30  Crematories.] Nevada State Funeral Board.

19-31     2.  The Board shall prescribe and furnish forms for application

19-32  for licensing. An application must be in writing and contain:

19-33     (a) The name and address of the applicant and the location or

19-34  proposed location of the crematory;

19-35     (b) A description of the structure and equipment to be used in

19-36  operating the crematory; and

19-37     (c) Any further information that the Board may reasonably

19-38  require.

19-39     3.  An application must be signed by the applicant personally,

19-40  by one of the partners if the applicant is a partnership, or by an

19-41  authorized officer if the applicant is a corporation or other form of

19-42  business organization.

19-43     4.  The Board shall examine the structure and equipment and

19-44  shall issue the license if [it] :

20-1      (a) It appears that the proposed operation will meet the

20-2  requirements of NRS 451.600 to 451.715, inclusive[.] ; and

20-3      (b) The applicant has paid all fees related to the application.

20-4      5.  If the ownership of a crematory is to be changed, the

20-5  proposed operator shall apply for licensing at least 30 days before

20-6  the change.

20-7      Sec. 56.  NRS 451.640 is hereby amended to read as follows:

20-8      451.640  [The State Board of Funeral Directors, Embalmers and

20-9  Operators of Cemeteries and Crematories:

20-10     1.  Shall]

20-11     1.  Pursuant to the authority granted to it by NRS 642.063, the

20-12  Nevada State Funeral Board shall adopt regulations for the

20-13  administration of NRS 451.600 to 451.715, inclusive. Unless

20-14  governed by [regulation] the regulations of the State Board of

20-15  Health, the regulations of the Nevada State Funeral Board must

20-16  include , without limitation:

20-17     (a) The conditions under which the remains of a person who has

20-18  died from a communicable or otherwise dangerous disease may be

20-19  transported to a crematory for cremation[. The regulations must

20-20  include] ; and

20-21     (b) The minimum standards for sanitation, required equipment

20-22  and protection from fire.

20-23     2.  [May] The Nevada State Funeral Board may bring legal

20-24  proceedings to enjoin any person who violates any [provisions]

20-25  provision of NRS 451.600 to 451.715, inclusive, [or] any regulation

20-26  adopted pursuant [to this section] thereto or any order of the Board

20-27  from operating a crematory. Any person who is so enjoined is liable

20-28  to the Board for attorney’s fees and court costs.

20-29     Sec. 57.  NRS 451.715 is hereby amended to read as follows:

20-30     451.715  1.  It is unlawful for any person to:

20-31     (a) Hold himself out to the public as the operator of a crematory

20-32  without being licensed pursuant to NRS 451.635;

20-33     (b) Sign an order for cremation knowing that the order contains

20-34  incorrect information; or

20-35     (c) Violate any other provision of NRS 451.600 to 451.715,

20-36  inclusive[.] , any regulation adopted pursuant thereto or any order

20-37  of the Nevada State Funeral Board.

20-38     2.  It is unlawful for the operator of a crematory to perform a

20-39  cremation without an order signed by a person authorized to order

20-40  the cremation pursuant to NRS 451.650 or 451.655.

20-41     3.  [A] If a crematory is operated in this state in violation of any

20-42  provision of NRS 451.600 to 451.715, inclusive, [or] any regulation

20-43  [of the State Board of Funeral Directors, Embalmers and Operators

20-44  of Cemeteries and Crematories] adopted pursuant thereto or any

21-1  order of the Nevada State Funeral Board, the crematory is a public

21-2  nuisance and may be abated as such.

21-3      Sec. 58.  NRS 452.0055 is hereby amended to read as follows:

21-4      452.0055  “Board” means the [State Board of Funeral

21-5  Directors, Embalmers and Operators of Cemeteries and

21-6  Crematories.] Nevada State Funeral Board.

21-7      Sec. 59.  NRS 452.026 is hereby amended to read as follows:

21-8      452.026  [The] Pursuant to the authority granted to it by NRS

21-9  642.063, the Board may adopt [reasonable regulations, suitably

21-10  designed to protect the public,] regulations for those aspects of the

21-11  operation of a cemetery which are not governed by the regulations

21-12  of the Commissioner of Insurance pertaining to endowment care.

21-13     Sec. 60.  NRS 452.310 is hereby amended to read as follows:

21-14     452.310  1.  No person may engage in the business of

21-15  operating a cemetery in this state without first obtaining a certificate

21-16  of authority from the Board.

21-17     2.  Applications for a certificate of authority to operate a

21-18  cemetery must be filed with the Board. Each application must be

21-19  accompanied by:

21-20     (a) A filing fee of $1,000[, no] and any other fees related to the

21-21  application. No part of [which] the fees is refundable.

21-22     (b) A copy, certified by the proper officials, of the:

21-23         (1) Articles of incorporation, if any.

21-24         (2) Bylaws of the corporation, if any.

21-25         (3) Application to the city or county planning commission

21-26  for a use permit or the rezoning for the proposed cemetery.

21-27         (4) Land use or zoning permit.

21-28         (5) Declaration of dedication of land to cemetery purposes.

21-29         (6) Deed, contract of purchase or other document which

21-30  provides the applicant with merchantable title to the land dedicated.

21-31         (7) Endowment care trust fund agreement executed by the

21-32  proper officers of the cemetery authority.

21-33     (c) A statement, executed by the proper officers of the applicant,

21-34  setting forth:

21-35         (1) If the applicant is a corporation, the names and addresses

21-36  of the board of directors and officers.

21-37         (2) If the applicant is not a corporation, the names and

21-38  addresses of the natural persons in charge.

21-39         (3) The names and addresses of the trustees of the

21-40  endowment care fund.

21-41         (4) The name and address of the person in charge of

21-42  sales.

21-43  The statement must contain a description of the general character,

21-44  experience and fitness to engage in the cemetery business for each

21-45  person named.

22-1      (d) A complete, detailed and audited financial statement

22-2  showing assets, liabilities and reserve.

22-3      (e) An itemized statement of all estimated receipts and

22-4  expenditures for the succeeding 2-year period or such other period

22-5  as may be required by the Board.

22-6      (f) A map of the proposed cemetery in such detail and size as

22-7  may be required by the Board.

22-8      (g) A statement of the proposed plan of operation in such detail

22-9  as may be required by the Board.

22-10     (h) A statement of the amount deposited in the endowment care

22-11  fund and the type of investment made of such amount.

22-12     (i) A statement from the depository showing the deposit in the

22-13  endowment care fund of the amount required by NRS 452.120 and

22-14  452.130.

22-15     (j) Such other information as may be required by written notice

22-16  from the Board.

22-17     3.  Upon request, the Board shall provide to the Administrator a

22-18  copy of the following information contained in an application for a

22-19  certificate of authority filed with the Board pursuant to this section:

22-20     (a) The endowment care trust fund agreement;

22-21     (b) The names and addresses of the trustees of the endowment

22-22  care fund; and

22-23     (c) The statements described in paragraphs (h) and (i) of

22-24  subsection 2.

22-25     Sec. 61.  NRS 452.590 is hereby amended to read as follows:

22-26     452.590  1.  A person who proposes to purchase or acquire

22-27  control of an existing cemetery authority, either by purchase of the

22-28  outstanding capital stock of a cemetery authority or the interest of

22-29  the owner or owners, and thereby to change the control of the

22-30  cemetery authority, shall first make application to the Board for a

22-31  certificate of approval of the proposed change of control in the

22-32  cemetery authority.

22-33     2.  The application must contain the name and address of the

22-34  proposed new owners, and the Board may only issue a certificate of

22-35  approval after it is reasonably satisfied that the proposed new

22-36  owners are qualified by character, experience and business and

22-37  financial reputability and responsibility to control and operate the

22-38  cemetery in a suitable and proper manner, and that the interest of the

22-39  public generally will not be jeopardized by the proposed change in

22-40  ownership and management. The Board shall not issue a certificate

22-41  of approval without the approval of the Administrator.

22-42     3.  The application must be accompanied by a filing and

22-43  investigation fee of $250[, no] and any other fees related to the

22-44  application. No part of [which] the fees is refundable.

 

23-1      Sec. 62.  NRS 452.610 is hereby amended to read as follows:

23-2      452.610  In addition to any other penalty provided for in NRS

23-3  452.001 to 452.610, inclusive, any person who violates any

23-4  provision of NRS 452.001 to 452.610, inclusive, or any regulation

23-5  adopted or administrative order entered pursuant to those sections,

23-6  for which a greater penalty is not otherwise provided by law, is

23-7  guilty of a misdemeanor.

23-8      Sec. 63.  1.  Any administrative regulations adopted by an

23-9  officer or an agency whose name has been changed or whose

23-10  responsibilities have been transferred pursuant to the provisions of

23-11  this act to another officer or agency remain in force until amended

23-12  by the officer or agency to which the responsibility for the adoption

23-13  of the regulations has been transferred.

23-14     2.  Any contracts or other agreements entered into by an officer

23-15  or agency whose name has been changed or whose responsibilities

23-16  have been transferred pursuant to the provisions of this act to

23-17  another officer or agency are binding upon the officer or agency to

23-18  which the responsibility for the administration of the provisions of

23-19  the contract or other agreement has been transferred. Such contracts

23-20  and other agreements may be enforced by the officer or agency to

23-21  which the responsibility for the enforcement of the provisions of the

23-22  contract or other agreement has been transferred.

23-23     3.  Any action taken by an officer or agency whose name has

23-24  been changed or whose responsibilities have been transferred

23-25  pursuant to the provisions of this act to another officer or agency

23-26  remains in effect as if taken by the officer or agency to which the

23-27  responsibility for the enforcement of such actions has been

23-28  transferred.

23-29     Sec. 64.  1.  The Legislative Counsel shall:

23-30     (a) In preparing the reprint and supplements to the Nevada

23-31  Revised Statutes, appropriately change any references to an officer

23-32  or agency whose name is changed or whose responsibilities have

23-33  been transferred pursuant to the provisions of this act to refer to the

23-34  appropriate officer or agency.

23-35     (b) In preparing supplements to the Nevada Administrative

23-36  Code, appropriately change any references to an officer or agency

23-37  whose name is changed or whose responsibilities have been

23-38  transferred pursuant to the provisions of this act to refer to the

23-39  appropriate officer or agency.

23-40     2.  Any reference in a bill or resolution passed by the 72nd

23-41  Session of the Nevada Legislature to an officer or agency whose

23-42  name is changed or whose responsibilities have been transferred

23-43  pursuant to the provisions of this act to another officer or agency

23-44  shall be deemed to refer to the officer or agency to which the

23-45  responsibility is transferred.

24-1      Sec. 65.  NRS 642.065 is hereby repealed.

24-2      Sec. 66.  This act becomes effective on July 1, 2003.

 

24-3  TEXT OF REPEALED SECTION

 

24-4      642.065  Regulations relating to funeral directing and

24-5   establishments. The Board may adopt and enforce reasonable

24-6   rules and regulations relating to the business of funeral directing, to

24-7   the sanitary conditions of places where such a business or practice

24-8   is conducted, with particular regard to plumbing, sewage,

24-9   ventilation and equipment, and generally to carry out the various

24-10   provisions of this chapter in the protection of the peace, health,

24-11   safety, welfare and morals of the public.

 

24-12  H