REQUIRES TWO-THIRDS MAJORITY VOTE (§ 6.3)              

                                                 (Reprinted with amendments adopted on April 21, 2003)

 

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 6.7, 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. 6.3. In addition to the fees that the Board is authorized

3-42  or required to collect pursuant to the provisions of a specific

3-43  statute, the Board shall charge and collect the following fees:

 

 

4-1  Application for a license, certificate or permit  $375

4-2  Examination for a license, certificate or permit   375

4-3  Renewal of a license, certificate or permit  200

4-4  Late renewal of a license, certificate or permit  275

4-5  Placement of a license on inactive status.. 175

4-6  Reactivation of a license to active status175

4-7  Reinstatement of a lapsed license..... 300

4-8  Transfer of a license, certificate or permit to another

4-9  location................................................ 225

4-10  Issuance of a duplicate license, certificate or permit  75

4-11  Provision of an administrative service75

 

4-12      Sec. 6.7. 1.  The Board may provide for a temporary

4-13  authorization for an applicant for a license, certificate or permit

4-14  issued by the Board pursuant to this chapter or chapter 451 or 452

4-15  of NRS. The temporary authorization allows an applicant who has

4-16  satisfied the requirements of and paid the applicable fees for the

4-17  license, certificate or permit to carry out the duties authorized by

4-18  the license, certificate or permit.

4-19      2.  The temporary authorization is effective during the period

4-20  which begins upon issuance by the Board and ends when the

4-21  Board takes action on the application for the license, certificate or

4-22  permit.

4-23      Sec. 7.  NRS 642.005 is hereby amended to read as follows:

4-24      642.005  As used in this chapter, unless the context otherwise

4-25  requires, the words and terms defined in NRS 642.010 to 642.017,

4-26  inclusive, and section 3 of this act have the meanings ascribed to

4-27  them in those sections.

4-28      Sec. 8.  NRS 642.010 is hereby amended to read as follows:

4-29      642.010  “Board” means the [State Board of Funeral Directors,

4-30  Embalmers and Operators of Cemeteries and Crematories.] Nevada

4-31  State Funeral Board.

4-32      Sec. 9.  NRS 642.019 is hereby amended to read as follows:

4-33      642.019  Each holder of a license , permit or certificate issued

4-34  by the Board pursuant to this chapter or chapter 451 or 452 of NRS

4-35  shall comply with the provisions of Part 453 of Title 16 of the Code

4-36  of Federal Regulations.

4-37      Sec. 10.  NRS 642.020 is hereby amended to read as follows:

4-38      642.020  1.  The [State Board of Funeral Directors,

4-39  Embalmers and Operators of Cemeteries and Crematories,] Nevada

4-40  State Funeral Board, consisting of five members appointed by the

4-41  Governor, is hereby created.

4-42      2.  The Governor shall appoint:

4-43      (a) One member who is actively engaged as a funeral director

4-44  and embalmer.

5-1  (b) One member who is actively engaged as an operator of a

5-2  cemetery.

5-3  (c) One member who is actively engaged in the operation of a

5-4  crematory.

5-5  (d) Two members who are representatives of the general public.

5-6  3.  No member who is a representative of the general public

5-7  may:

5-8  (a) Be the holder of a license or certificate issued by the Board

5-9  or be an applicant or former applicant for such a license or

5-10  certificate.

5-11      (b) Be related within the third degree of consanguinity or

5-12  affinity to the holder of a license or certificate issued by the Board.

5-13      (c) Be employed by the holder of a license or certificate issued

5-14  by the Board.

5-15      4.  After the initial terms, members of the Board serve terms of

5-16  4 years, except when appointed to fill unexpired terms. [Each

5-17  member may serve no more than two consecutive full terms.]

5-18      5.  The Chairman of the Board must be chosen from the

5-19  members of the Board who are representatives of the general public.

5-20      Sec. 11.  NRS 642.055 is hereby amended to read as follows:

5-21      642.055  The Board may:

5-22      1.  Maintain offices in as many localities in the State as it finds

5-23  necessary to carry out the provisions of this chapter[.] and chapters

5-24  451 and 452 of NRS.

5-25      2.  Employ attorneys, investigators and other professional

5-26  consultants and clerical personnel necessary to the discharge of its

5-27  duties.

5-28      Secs. 12 and 13.  (Deleted by amendment.)

5-29      Sec. 14.  NRS 642.067 is hereby amended to read as follows:

5-30      642.067  The Board may inspect any premises in which the

5-31  business of funeral directing is conducted or where embalming is

5-32  practiced[,] and , for that purpose , may employ a licensed

5-33  embalmer of the State of Nevada as an inspector to aid in the

5-34  enforcement of this chapter and chapters 451 and 452 of NRS and

5-35  the [rules] regulations adopted pursuant thereto, whose

5-36  compensation and expenses shall be paid out of the fees collected by

5-37  the Board.

5-38      Sec. 15.  NRS 642.0677 is hereby amended to read as follows:

5-39      642.0677  1.  A member of the Board’s staff who is designated

5-40  by the Board may investigate an alleged violation of any provision

5-41  of this chapter[.] or chapter 451 or 452 of NRS, any regulation

5-42  adopted pursuant thereto or any order of the Board.

5-43      2.  The designated member of the Board’s staff shall report his

5-44  findings to the Attorney General, who shall:

5-45      (a) Dismiss the investigation;

6-1  (b) Proceed in accordance with the provisions of this chapter or

6-2  chapter 451 or 452 of NRS, as appropriate, and chapter 233B of

6-3  NRS; or

6-4  (c) Investigate the matter further before acting pursuant to

6-5  paragraph (a) or (b).

6-6  Sec. 16.  NRS 642.069 is hereby amended to read as follows:

6-7  642.069  1.  The Board shall charge and collect an annual fee

6-8  from each holder of a license or certificate issued by the Board

6-9  pursuant to chapter 451 or 452 of NRS . [an]

6-10      2.  The Board shall adopt regulations which establish the

6-11  annual fee in an amount that is sufficient in the aggregate, together

6-12  with the fees received from applicants during the previous year, to

6-13  defray the Board’s necessary expenses in performing its duties

6-14  [under those chapters.] pursuant to chapters 451 and 452 of NRS.

6-15      Sec. 17.  NRS 642.070 is hereby amended to read as follows:

6-16      642.070  All fees collected under the provisions of this chapter

6-17  [shall] and chapters 451 and 452 of NRS must be paid to the

6-18  Treasurer of the Board to be used to defray the necessary expenses

6-19  of the Board. The Treasurer shall deposit the fees in banks, credit

6-20  unions or savings and loan associations in the State of Nevada.

6-21      Sec. 18.  NRS 642.075 is hereby amended to read as follows:

6-22      642.075  1.  Except as otherwise provided in subsection 4, all

6-23  reasonable expenses incurred by the Board in carrying out the

6-24  provisions of this chapter and chapters 451 and 452 of NRS must

6-25  be paid from the money which it receives. No part of the salaries or

6-26  expenses of the Board may be paid out of the State General Fund.

6-27      2.  Except as otherwise provided in this section, all money

6-28  collected by the Board from the imposition of fines must be

6-29  deposited with the State Treasurer for credit to the State General

6-30  Fund. All other money received by the Board must be deposited in

6-31  qualified banks, credit unions or savings and loan associations in

6-32  this state and paid out on its order for its expenses.

6-33      3.  The Board may delegate to a hearing officer or panel its

6-34  authority to take any disciplinary action pursuant to this chapter[,]

6-35  or chapter 451 or 452 of NRS, to impose and collect fines therefor

6-36  and to deposit the money therefrom in banks, credit unions or

6-37  savings and loan associations in this state.

6-38      4.  If a hearing officer or panel is not authorized to take

6-39  disciplinary action pursuant to subsection 3 and the Board deposits

6-40  the money collected from the imposition of fines with the State

6-41  Treasurer for credit to the State General Fund, it may present a

6-42  claim to the State Board of Examiners for recommendation to the

6-43  Interim Finance Committee if money is needed to pay attorney’s

6-44  fees or the costs of an investigation, or both.

 

7-1  Sec. 19.  NRS 642.080 is hereby amended to read as follows:

7-2  642.080  [An] Except as otherwise provided in NRS 642.100,

7-3  an applicant for a license to practice the profession of embalming in

7-4  the State of Nevada shall:

7-5  1.  Have attained the age of 18 years.

7-6  2.  Be of good moral character.

7-7  3.  Be a high school graduate and have completed 2 academic

7-8  years of instruction by taking 60 semester or 90 quarter hours at an

7-9  accredited college or university. Credits earned at an embalming

7-10  college or school of mortuary science do not fulfill this requirement.

7-11      4.  Have completed 12 full months of instruction in an

7-12  embalming college or school of mortuary science which is

7-13  accredited by the International Conference of Funeral [Services]

7-14  Service Examining Boards [of the United States, Incorporated,] and

7-15  approved by the Board, and have not less than 1 year’s practical

7-16  experience under the supervision of an embalmer licensed in the

7-17  State of Nevada.

7-18      5.  Have actually embalmed at least 50 bodies under the

7-19  supervision of a licensed embalmer prior to the date of application.

7-20      6.  Present to the Board affidavits of at least two reputable

7-21  residents of the county in which the applicant proposes to engage in

7-22  the practice of an embalmer to the effect that the applicant is of

7-23  good moral character.

7-24      Sec. 20.  NRS 642.090 is hereby amended to read as follows:

7-25      642.090  1.  Every person who wishes to practice the

7-26  profession of embalming must appear before the Board and[, upon

7-27  payment of a fee not to exceed $300 to cover expenses of

7-28  examination,] must be examined in the knowledge of the subjects

7-29  set forth in subsection [2.] 5.

7-30      2.  If a person is a registered apprentice, the person must

7-31  fulfill the requirements of NRS 642.310 and 642.330 before the

7-32  person may take the examination.

7-33      3.  If a person is not a registered apprentice, the person must

7-34  pay the examination fee prescribed in section 6.3 of this act before

7-35  the person may take the examination.

7-36      4.  Examinations must be in writing, and the Board may require

7-37  actual demonstration on a cadaver. An applicant who has passed the

7-38  national examination given by the International Conference of

7-39  Funeral Service Examining Boards is not required to take any

7-40  portion of the examination set forth in subsection [2] 5 that repeats

7-41  or duplicates a portion of the national examination. All examination

7-42  papers must be kept on record by the Board.

7-43      [2.] 5. The members of the Board shall examine applicants for

7-44  licenses in the following subjects:

7-45      (a) Anatomy, sanitary science and signs of death.

8-1  (b) Care, disinfection, preservation, transportation of and burial

8-2  or other final disposition of dead bodies.

8-3  (c) The manner in which death may be determined.

8-4  (d) The prevention of the spread of infectious and contagious

8-5  diseases.

8-6  (e) Chemistry, including toxicology.

8-7  (f) Restorative art, including plastic surgery and derma surgery.

8-8  (g) The laws and regulations of this state relating to funeral

8-9  directing and embalming.

8-10      (h) Regulations of the State Board of Health relating to

8-11  infectious diseases and quarantine.

8-12      (i) Any other subject which the Board may determine by

8-13  regulation to be necessary or proper to prove the efficiency and

8-14  qualification of the applicant.

8-15      [3.] 6. If an applicant fulfills the requirements [of NRS

8-16  642.0195 and 642.080 and] set forth in this chapter to be licensed

8-17  to practice the profession of embalming, has passed the

8-18  examination [provided for] required by this chapter[,] and has paid

8-19  all fees related to the application and the examination, the Board

8-20  shall issue to the applicant a license to practice the profession of

8-21  embalming for 1 year.

8-22      Sec. 21.  NRS 642.100 is hereby amended to read as follows:

8-23      642.100  Reciprocity may be arranged by the Board if an

8-24  applicant:

8-25      1.  Is a graduate of an embalming college or a school of

8-26  mortuary science which is accredited by the International

8-27  Conference of Funeral Service Examining Boards[;] and approved

8-28  by the Board;

8-29      2.  Is licensed as an embalmer in another state;

8-30      3.  Has practiced embalming successfully for at least 5 years

8-31  and practiced actively for 2 years immediately preceding the

8-32  application for a license by reciprocity;

8-33      4.  Is of good moral character;

8-34      5.  Has passed the examination given by the Board on the

8-35  subjects set forth in subsection [2] 5 of NRS 642.090 or the national

8-36  examination given by the International Conference of Funeral

8-37  Service Examining Boards;

8-38      6.  Possesses knowledge of the applicable statutes and

8-39  regulations of this state governing embalmers; and

8-40      7.  Pays [a fee not to exceed $300] to the Secretary of the Board

8-41  [.] the fees prescribed in section 6.3 of this act.

8-42      Sec. 22.  NRS 642.115 is hereby amended to read as follows:

8-43      642.115  1.  Upon written request to the Board and payment of

8-44  [a fee not to exceed $150,] the fee prescribed in section 6.3 of this

8-45  act, a person who is licensed to practice the profession of

9-1  embalming in this state and who is a licensee in good standing may

9-2  have his license placed on inactive status. A licensee whose license

9-3  has been placed on inactive status shall not engage in the practice of

9-4  the profession of embalming during the period in which his license

9-5  is inactive.

9-6  2.  If a licensee wishes to resume the practice of the profession

9-7  of embalming, the Board shall reactivate his license upon the:

9-8  (a) Demonstration, if deemed necessary by the Board, that he is

9-9  qualified and competent to practice;

9-10      (b) Completion of an application; and

9-11      (c) Payment of the fee for the renewal of the license and any

9-12  other fees related to the reactivation of the license.

9-13      3.  A licensee is not required to pay the fee[, including

9-14  penalties,] for the renewal of [a] his license or any fees or penalties

9-15  related to the renewal of his license for any year during the period

9-16  in which his license was inactive.

9-17      Sec. 23.  NRS 642.120 is hereby amended to read as follows:

9-18      642.120  1.  If a licensee wishes to renew his license, the

9-19  Board shall renew his license, except for cause, [and the annual fee

9-20  for the renewal of a license must not exceed the sum of $200.] if the

9-21  licensee complies with the provisions of this section.

9-22      2.  The [Board shall mail on or before January 1 of each year to

9-23  each licensed embalmer, addressed to him at his last known address,

9-24  a notice that his] renewal fee prescribed in section 6.3 of this act

9-25  and the statement required pursuant to NRS 642.0195 are due [and

9-26  that if] on January 1 of each year. If the statement is not submitted

9-27  or the renewal fee is not paid by February 1 , a [penalty of $100] fee

9-28  for the late renewal of the license will be added to the renewal fee,

9-29  and in no case will the [penalty] fee be waived.

9-30      [3.] 4.  Upon receipt of the statement , [and] the renewal fee

9-31  and any penalties imposed pursuant to subsection [2,] 3, the Board

9-32  shall issue a renewal certificate to the licensee.

9-33      Sec. 24.  NRS 642.130 is hereby amended to read as follows:

9-34      642.130  The following acts are grounds for which the Board

9-35  may take disciplinary action against a person who is licensed to

9-36  practice the profession of embalming pursuant to this chapter or

9-37  refuse to issue such a license to an applicant therefor:

9-38      1.  Gross incompetency.

9-39      2.  Unprofessional, unethical or dishonest conduct.

9-40      3.  Habitual intemperance.

9-41      4.  Fraud or misrepresentation in obtaining or attempting to

9-42  obtain a license to practice the profession of embalming.

9-43      5.  Employment by the licensee of persons commonly known as

9-44  “cappers,” “steerers” or “solicitors,” or of other persons to obtain

9-45  funeral directing or embalming business.

10-1      6.  Malpractice.

10-2      7.  Gross immorality.

10-3      8.  The unlawful use of any controlled substance.

10-4      9.  Conviction of a felony.

10-5      10.  False or misleading advertising as defined in NRS 642.490,

10-6  or false or misleading statements in the sale of merchandise or

10-7  services.

10-8      11.  Refusal to surrender promptly the custody of a dead human

10-9  body upon the request of a person who is legally entitled to custody

10-10  of the body.

10-11     12.  Violation by the licensee of any provision of this chapter,

10-12  any regulation adopted pursuant thereto , any order of the Board or

10-13  any other law of this state relating to the practice of any of the

10-14  professions regulated by the Board.

10-15     13.  The theft or misappropriation of money in a trust fund

10-16  established and maintained pursuant to chapter 689 of NRS.

10-17     Sec. 25.  NRS 642.180 is hereby amended to read as follows:

10-18     642.180  1.  No person may serve as an apprentice under a

10-19  licensed embalmer or attempt to serve as an apprentice to a licensed

10-20  embalmer without first having procured from the Board a certificate

10-21  of registration as [an apprentice, and apprentices shall] a registered

10-22  apprentice.

10-23     2.  Registered apprentices must be regularly employed as full-

10-24  time employees to receive apprenticeship credit.

10-25     Sec. 26.  NRS 642.190 is hereby amended to read as follows:

10-26     642.190  Each applicant for a certificate of registration as a

10-27  registered apprentice [shall be] must:

10-28     1.  Be of good moral character [,] and possess temperate habits

10-29  [, be] ;

10-30     2.  Be at least 18 years of age[, and present] ;

10-31     3.  Fulfill the requirements set forth in this chapter to be a

10-32  registered apprentice;

10-33     4.  Present an affidavit from his preceptor that such applicant

10-34  shall enter upon his duties as soon as [such] the certificate is granted

10-35  [.] ; and

10-36     5.  Pay any fees related to the application.

10-37     Sec. 27.  NRS 642.200 is hereby amended to read as follows:

10-38     642.200  1.  [Any person registering as an apprentice

10-39  embalmer] Each applicant for a certificate of registration as a

10-40  registered apprentice shall furnish proof that he is a high school

10-41  graduate and has completed 2 academic years of instruction by

10-42  taking 60 semester or 90 quarter hours at an accredited college or

10-43  university. Credits earned at an embalming college or a school of

10-44  mortuary science do not fulfill this requirement.

11-1      2.  Such proof [shall] must be furnished before [such apprentice

11-2  can be registered with the Board.] the applicant may be issued a

11-3  certificate of registration as a registered apprentice.

11-4      Sec. 28.  NRS 642.210 is hereby amended to read as follows:

11-5      642.210  1.  An applicant for a certificate of registration as a

11-6  registered apprentice shall immediately notify the Secretary of the

11-7  Board of such fact in order to receive credit for time spent.

11-8      2.  Credit on the required apprenticeship commences on the

11-9  date the application for [apprenticeship] the certificate of

11-10  registration is filed with the Secretary of the Board, and no

11-11  applications may be accepted antedated.

11-12     Sec. 29.  NRS 642.220 is hereby amended to read as follows:

11-13     642.220  1.  Each registered apprentice must pay [a fee not to

11-14  exceed $100 per year to the Board] :

11-15     (a) The annual fee prescribed in section 6.3 of this act; and

11-16     (b) Any other fees prescribed in section 6.3 of this act.

11-17     2.  Each registered apprentice shall carry an apprentice card

11-18  certified by the Secretary of the Board.

11-19     Sec. 30.  NRS 642.240 is hereby amended to read as follows:

11-20     642.240  Each licensed embalmer [in the State of Nevada,] who

11-21  has under his supervision or control a [person serving as an

11-22  apprentice embalmer,] registered apprentice shall report such fact to

11-23  the Board semiannually on or before January 1 and July 1 of each

11-24  year. The Secretary of the Board shall immediately forward to such

11-25  embalmer forms wherein information desired by the Board shall be

11-26  requested by interrogations. Such reports shall disclose the work

11-27  which such apprentice has performed during the semiannual period

11-28  preceding the first of the month on which such report is made,

11-29  including the number of bodies such apprentice has assisted in

11-30  embalming or otherwise prepared for disposition during that period.

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

11-32     642.250  1.  No licensed embalmer may permit any person in

11-33  his employ or under his supervision or control to serve him as an

11-34  apprentice unless such person has a certificate of registration as a

11-35  registered apprentice.

11-36     2.  A licensed embalmer may have no more than one [licensed]

11-37  registered apprentice serving under him at any one time.

11-38     Sec. 32.  NRS 642.270 is hereby amended to read as follows:

11-39     642.270  No registered apprentice as such may advertise or hold

11-40  himself out as a [registered] licensed embalmer, or use any title or

11-41  abbreviation indicating that he is an embalmer, undertaker,

11-42  mortician or funeral director.

11-43     Sec. 33.  NRS 642.280 is hereby amended to read as follows:

11-44     642.280  [Every person who is registered as an apprentice with

11-45  the Board] Each registered apprentice shall have his certificate of

12-1  registration posted in a conspicuous place in his preceptor’s place of

12-2  business.

12-3      Sec. 34.  NRS 642.290 is hereby amended to read as follows:

12-4      642.290  [Application by an]

12-5      1.  A registered apprentice may apply for a leave of absence

12-6  and for the extension [thereof shall be filed] of any leave of absence

12-7  by:

12-8      (a) Filing an application with the Secretary of the Board ; and

12-9      (b) Paying any fees related to the application.

12-10     2.  The application may be granted by the Board, if the facts of

12-11  the case disclose sufficient reason for granting the request.

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

12-13     642.300  [Apprenticeship in embalming]

12-14     1.  A certificate of registration expires 1 year after the date of

12-15  issuance of the certificate by the Board, [and no] unless the

12-16  certificate is renewed in accordance with the regulations adopted

12-17  by the Board.

12-18     2.  No person may [be registered as an] hold a certificate of

12-19  registration as a registered apprentice entitling him to practice the

12-20  occupation of an embalmer’s apprentice under a licensed embalmer

12-21  more than 2 consecutive years without successfully passing the

12-22  examination for [embalmers given by the Board.] a license to

12-23  practice the profession of embalming pursuant to NRS 642.090.

12-24     Sec. 36.  NRS 642.310 is hereby amended to read as follows:

12-25     642.310  [The application of an apprentice making application

12-26  to the Board to take an] Before a registered apprentice may take

12-27  the examination for [an embalmer’s license shall be on file in the

12-28  Secretary’s office, accompanied by a fee of $100,] a license to

12-29  practice the profession of embalming pursuant to NRS 642.090,

12-30  the registered apprentice must file an application with the

12-31  Secretary of the Board and pay the examination fee prescribed in

12-32  section 6.3 of this act, not later than 30 days [prior to] before the

12-33  date of such examination.

12-34     Sec. 37.  NRS 642.320 is hereby amended to read as follows:

12-35     642.320  All registered apprentices shall file applications for

12-36  licenses to practice the profession of embalming within 12 months

12-37  after they have completed the [prescribed 1 year’s] required 1 year

12-38  of apprenticeship. Failure to do so automatically revokes

12-39  [apprenticeship] the certificate of registration.

12-40     Sec. 38.  NRS 642.330 is hereby amended to read as follows:

12-41     642.330  [All applicants shall hold a diploma from]

12-42     1.  Before a registered apprentice may take the examination

12-43  for a license to practice the profession of embalming pursuant to

12-44  NRS 642.090, the registered apprentice must have completed

12-45  instruction in an accredited and approved embalming college[,] or

13-1  school of mortuary science, as prescribed by NRS 642.080 . [,

13-2  before taking the examination. The examination may be taken]

13-3      2.  A registered apprentice may take the examination for a

13-4  license to practice the profession of embalming pursuant to NRS

13-5  642.090 before the [applicant] registered apprentice has completed

13-6  the required 1 year of apprenticeship.

13-7      Sec. 39.  NRS 642.360 is hereby amended to read as follows:

13-8      642.360  1.  An application for [a permit to operate a funeral

13-9  establishment,] a funeral director’s license or a license to conduct

13-10  direct cremations or immediate burials must be in writing and

13-11  verified on a form provided by the Board.

13-12     2.  Each applicant must be over 18 years of age and of good

13-13  moral character.

13-14     3.  Except as otherwise provided in subsection 4, each applicant

13-15  for a funeral director’s license must pass an examination given by

13-16  the Board upon the following subjects:

13-17     (a) The signs of death.

13-18     (b) The manner by which death may be determined.

13-19     (c) The laws governing the preparation, burial and disposal of

13-20  dead human bodies, and the shipment of bodies of persons dying

13-21  from infectious or contagious diseases.

13-22     (d) Local health and sanitary ordinances and regulations relating

13-23  to funeral directing and embalming.

13-24     (e) Federal regulations governing funeral practices.

13-25     (f) The laws and regulations of this state relating to funeral

13-26  directing and embalming.

13-27     4.  An applicant who has passed the national examination given

13-28  by the International Conference of Funeral Service Examining

13-29  Boards is not required to take any portion of the examination set

13-30  forth in subsection 3 that repeats or duplicates a portion of the

13-31  national examination.

13-32     5.  [The] An application for:

13-33     (a) A funeral director’s license must be accompanied by [a fee

13-34  not to exceed $300.] the application fee and the examination fee

13-35  prescribed in section 6.3 of this act.

13-36     (b) A license to conduct direct cremations or immediate burials

13-37  must be accompanied by the application fee prescribed in section

13-38  6.3 of this act.

13-39     Sec. 40.  NRS 642.365 is hereby amended to read as follows:

13-40     642.365  1.  An application for a permit to operate a funeral

13-41  establishment must be in writing and verified on a form provided by

13-42  the Board.

13-43     2.  Each applicant must furnish proof satisfactory to the Board

13-44  that:

13-45     (a) He is of good moral character;

14-1      (b) He is at least 18 years old; and

14-2      (c) The funeral establishment for which he is requesting the

14-3  permit is constructed, equipped and maintained in the manner

14-4  described in NRS 642.016.

14-5      3.  Each application must be accompanied by [a fee not to

14-6  exceed $300.] the application fee prescribed in section 6.3 of this

14-7  act.

14-8      Sec. 41.  NRS 642.390 is hereby amended to read as follows:

14-9      642.390  Upon receipt of an application for a permit to operate

14-10  a funeral establishment, a funeral director’s license or a license to

14-11  conduct direct cremations or immediate burials, the Board shall

14-12  cause an investigation to be made as to the character of the

14-13  applicant, and may require such showing as will reasonably prove

14-14  his good moral character.

14-15     Sec. 42.  NRS 642.400 is hereby amended to read as follows:

14-16     642.400  1.  The Board may subpoena witnesses . [and, after]

14-17     2.  After a proper hearing, the Board shall issue to an applicant

14-18  a funeral director’s license or a license to conduct direct cremations

14-19  or immediate burials if it finds that the applicant [is] :

14-20     (a) Is of good moral character[.] ;

14-21     (b) Fulfills the requirements set forth in this chapter for the

14-22  license; and

14-23     (c) Has paid all fees related to the application.

14-24     Sec. 43.  NRS 642.415 is hereby amended to read as follows:

14-25     642.415  The Board may charge a fee for providing materials

14-26  relating to the provisions of this chapter or chapter 451 or 452 of

14-27  NRS which are requested by persons who have been issued permits,

14-28  licenses and certificates pursuant to this chapter or chapter 451 or

14-29  452 of NRS or by members of the general public. The fee may not

14-30  exceed the cost incurred by the Board to provide those materials.

14-31     Sec. 43.5  NRS 642.420 is hereby amended to read as follows:

14-32     642.420  [1.] Each licensed funeral director and each person

14-33  who is licensed to conduct direct cremations or immediate burials

14-34  shall pay [an] the annual fee prescribed in section 6.3 of this act for

14-35  the renewal of his license.

14-36     [2.  The renewal fee, payable by a licensed funeral director or a

14-37  person licensed to conduct direct cremations or immediate burials,

14-38  must not exceed $200.]

14-39     Sec. 44.  NRS 642.430 is hereby amended to read as follows:

14-40     642.430  1.  The Board shall mail, on or before January 1 of

14-41  each year, to each licensed funeral director and each person licensed

14-42  to conduct direct cremations or immediate burials, addressed to him

14-43  at his last known address, a notice that his renewal fee is due and

14-44  that if the renewal fee is not paid by February 1, a [penalty not to

15-1  exceed $200,] fee for the late renewal of the license will be added

15-2  to the renewal fee, and in no case will the [penalty] fee be waived.

15-3      2.  Upon receipt of the renewal fee, the statement required

15-4  pursuant to NRS 642.0195 and any penalties imposed pursuant to

15-5  subsection 1, the Board shall issue a renewal certificate to the

15-6  licensee.

15-7      Sec. 45.  NRS 642.435 is hereby amended to read as follows:

15-8      642.435  1.  Each person who is issued a permit to operate a

15-9  funeral establishment must pay [an annual fee , not to exceed $200,]

15-10  the annual fee prescribed in section 6.3 of this act for the renewal

15-11  of the permit.

15-12     2.  The Board shall, before renewing a permit to operate a

15-13  funeral establishment, make an unannounced inspection of the

15-14  establishment for which the permit was issued to ensure compliance

15-15  with:

15-16     (a) The laws governing the preparation, burial and disposal of

15-17  dead human bodies, and the shipment of bodies of persons who have

15-18  died from infectious or contagious diseases;

15-19     (b) Local health and sanitary ordinances and regulations relating

15-20  to funeral directing and embalming; and

15-21     (c) Federal regulations governing funeral practices.

15-22  Each [owner of a funeral establishment] person who is issued a

15-23  permit to operate a funeral establishment shall be deemed to have

15-24  consented to such an inspection as a condition for the issuance of

15-25  the permit.

15-26     3.  The Board shall, on or before January 1 of each year, mail to

15-27  each holder of a permit to operate a funeral establishment a notice

15-28  that the renewal fee for the permit is due and that if [that] the

15-29  renewal fee is not paid by February 1, a penalty [not to exceed

15-30  $200] will be added to the renewal fee, and in no case will the

15-31  penalty be waived.

15-32     4.  Upon receipt of the renewal fee and any penalties imposed

15-33  by the Board pursuant to subsection 3, the Board shall issue a

15-34  renewal certificate to the [owner of the funeral establishment.]

15-35  holder of the permit.

15-36     Sec. 46.  NRS 642.450 is hereby amended to read as follows:

15-37     642.450  1.  In case of the death of a licensed funeral director

15-38  who leaves a funeral establishment as part or all of his estate, the

15-39  Board may issue to the legal representative of the deceased funeral

15-40  director, if the legal representative is of good moral character, a

15-41  special temporary license as a funeral director for the duration of the

15-42  administration of the estate, but in no case to exceed 1 year.

15-43     2.  The fees for the application, issuance and renewal of a

15-44  special temporary license [issued pursuant to subsection 1] and any

15-45  other fees related to the special temporary license and the time for

16-1  payment [thereof] of such fees must be the same as those required

16-2  for regular licenses.

16-3      Sec. 47.  NRS 642.455 is hereby amended to read as follows:

16-4      642.455  1.  Upon written request to the Board and payment of

16-5  [a fee not to exceed $150,] the fee prescribed in section 6.3 of this

16-6  act, a person who holds a funeral director’s license or a license to

16-7  conduct direct cremations or immediate burials and who is a

16-8  licensee in good standing may have his license placed on inactive

16-9  status. A licensee whose license has been placed on inactive status

16-10  shall not engage in the business of funeral directing or conducting

16-11  direct cremations or immediate burials during the period in which

16-12  his license is inactive.

16-13     2.  If a licensee wishes to resume the business of funeral

16-14  directing or conducting direct cremations or immediate burials, the

16-15  Board shall reactivate his license upon the:

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

16-17  qualified and competent to practice;

16-18     (b) Completion of an application; and

16-19     (c) Payment of the fee for the renewal of the license and any

16-20  other fees related to the reactivation of the license.

16-21     3.  A licensee is not required to pay the fee[, including

16-22  penalties,] for the renewal of [a] his license or any fees or penalties

16-23  related to the renewal of his license for any year during the period

16-24  in which his license was inactive.

16-25     Sec. 48.  NRS 642.473 is hereby amended to read as follows:

16-26     642.473  1.  If the Board determines that a person who holds a

16-27  funeral director’s license, a permit to operate a funeral establishment

16-28  or a license to conduct direct cremations or immediate burials has

16-29  committed any of the acts set forth in NRS 642.470, the Board may:

16-30     (a) Refuse to renew his license or permit;

16-31     (b) Revoke his license or permit;

16-32     (c) Suspend his license or permit for a definite period or until

16-33  further order of the Board;

16-34     (d) Impose a fine of not more than $5,000 for each act that

16-35  constitutes a ground for disciplinary action;

16-36     (e) Place him on probation for a definite period subject to any

16-37  reasonable conditions imposed by the board;

16-38     (f) Administer a public or private reprimand;

16-39     (g) Require him to pay the costs incurred by the Board in taking

16-40  disciplinary action against him; or

16-41     (h) Impose any combination of disciplinary actions set forth in

16-42  paragraphs (a) to (g), inclusive.

16-43     2.  [Before] Except as otherwise provided in section 6 of this

16-44  act, before the Board may refuse to renew, or suspend or revoke a

16-45  license or permit for any of the acts set forth in NRS 642.470, the

17-1  Board shall give at least 10 days’ notice in writing to the licensee or

17-2  holder of the permit. The notice must contain a brief statement of

17-3  the reasons for the proposed action of the Board and designate a

17-4  time and place for a hearing before any final action is taken.

17-5      Sec. 49.  NRS 642.480 is hereby amended to read as follows:

17-6      642.480  For the purposes of NRS 642.470, unprofessional

17-7  conduct includes:

17-8      1.  Misrepresentation or fraud in the operation of a funeral

17-9  establishment or the practice of a funeral director or person licensed

17-10  to conduct direct cremations or immediate burials.

17-11     2.  Solicitation of dead human bodies by the licensee or his

17-12  agents, assistants or employees, whether the solicitation occurs after

17-13  death or while death is impending, but this does not prohibit general

17-14  advertising.

17-15     3.  Employment by a holder of a permit to operate a funeral

17-16  establishment or licensee of persons commonly known as “cappers,”

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

17-18  directing or embalming business.

17-19     4.  Employment, directly or indirectly, of any apprentice, agent,

17-20  assistant, embalmer, employee or other person, on part or full time

17-21  or on commission, to call upon natural persons or institutions by

17-22  whose influence dead human bodies may be turned over to a

17-23  particular funeral director or embalmer.

17-24     5.  The buying of business by a holder of a permit to operate a

17-25  funeral establishment or a licensee or his agents, assistants or

17-26  employees, or the direct or indirect payment or offer of payment of a

17-27  commission by the holder of a permit or a licensee or his agents,

17-28  assistants or employees, to secure business.

17-29     6.  Gross immorality.

17-30     7.  Aiding or abetting an unlicensed person to practice funeral

17-31  directing or embalming.

17-32     8.  Using profane, indecent or obscene language in the presence

17-33  of a dead human body, or within the immediate hearing of the

17-34  family or relatives of a deceased whose body has not yet been

17-35  interred or otherwise disposed of.

17-36     9.  Solicitation or acceptance by a holder of a permit to operate

17-37  a funeral establishment or licensee of any commission, bonus or

17-38  rebate in consideration of recommending or causing a dead human

17-39  body to be disposed of in any crematory, mausoleum or cemetery.

17-40     10.  Except as otherwise provided in this subsection, using any

17-41  casket or part of a casket which has previously been used as a

17-42  receptacle for, or in connection with, the burial or other disposition

17-43  of a dead human body. The provisions of this subsection do not

17-44  prohibit the rental of the outer shell of a casket into which a

17-45  removable insert containing a dead human body is placed for the

18-1  purpose of viewing the body or for funeral services, or both, and

18-2  which is later removed from the outer shell for cremation.

18-3      11.  Violation of any [of the provisions] provision of this

18-4  chapter , [or of] any regulation adopted pursuant thereto[.] or any

18-5  order of the Board.

18-6      12.  Violation of any state law or municipal or county ordinance

18-7  or regulation affecting the handling, custody, care or transportation

18-8  of dead human bodies.

18-9      13.  Fraud or misrepresentation in obtaining a permit or license.

18-10     14.  Refusing to surrender promptly the custody of a dead

18-11  human body, upon the express order of the person lawfully entitled

18-12  to the custody thereof.

18-13     15.  Taking undue advantage of the patrons of a funeral

18-14  establishment or being guilty of fraud or misrepresentation in the

18-15  sale of merchandise to those patrons.

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

18-17  established and maintained pursuant to chapter 689 of NRS.

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

18-19  substance.

18-20     Sec. 50.  NRS 642.530 is hereby amended to read as follows:

18-21     642.530  [Upon a petition for]

18-22     1.  Except as otherwise provided in subsection 2, a person may

18-23  seek judicial review[, the district court may order a trial de novo.]

18-24  of any final decision of the Board that is made pursuant to the

18-25  provisions of this chapter or chapter 451 or 452 of NRS. Such

18-26  judicial review must be conducted pursuant to the provisions of

18-27  chapter 233B of NRS that apply to a contested case.

18-28     2.  A person may not seek judicial review of any decision of

18-29  the Board that orders an immediate suspension of a license,

18-30  permit or certificate pursuant to section 6 of this act.

18-31     Sec. 51.  NRS 642.540 is hereby amended to read as follows:

18-32     642.540  If a holder of a license, permit [to operate a funeral

18-33  establishment, a licensed funeral director or a person licensed to

18-34  conduct direct cremations or immediate burials appeals] or

18-35  certificate seeks judicial review of the decision of the Board to

18-36  revoke or suspend his license, permit or [license,] certificate, the

18-37  decision of the Board must not be stayed by the proceedings on

18-38  [appeal] judicial review and the [appeal] judicial review must not

18-39  operate to restore the right of the holder of the license, permit or

18-40  certificate to operate [his funeral establishment or the right of the

18-41  licensee to] or practice pending the [appeal,] judicial review, unless

18-42  a bond[,] with a sufficient surety[, to be] approved by the clerk of

18-43  the district court[,] is posted with the clerk, in such an amount as

18-44  the district [judge] court may require, conditioned that the [appeal]

18-45  judicial review will be prosecuted without unnecessary delay and

19-1  that, if the decision [appealed from is confirmed, that] of the Board

19-2  is affirmed, the holder of the license, permit or [licensee] certificate

19-3  will pay all costs.

19-4      Sec. 52.  NRS 642.570 is hereby amended to read as follows:

19-5      642.570  The Board shall cause the prosecution of all persons

19-6  violating any [of the provisions] provision of this chapter[.] or

19-7  chapter 451 or 452 of NRS.

19-8      Sec. 53.  NRS 642.575 is hereby amended to read as follows:

19-9      642.575  The Board may bring legal proceedings to enjoin any

19-10  person who violates any provision of this chapter , [or] any

19-11  regulation adopted pursuant thereto or any order of the Board from

19-12  practicing the profession of embalming. Any person who is so

19-13  enjoined is liable to the Board for attorney’s fees and court costs.

19-14     Sec. 54.  NRS 451.065 is hereby amended to read as follows:

19-15     451.065  1.  Except as otherwise provided in subsections 2 and

19-16  3, no crematory, funeral home, cemetery or other place that accepts

19-17  human remains for disposition may require the remains to be

19-18  embalmed or otherwise prepared before their disposition by

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

19-20  into any registration district.

19-21     2.  The State Board of Health may require embalming or other

19-22  preparations if necessary to protect the public.

19-23     3.  If embalming is not required by the State Board of Health

19-24  pursuant to subsection 2, the [State Board of Funeral Directors,

19-25  Embalmers and Operators of Cemeteries and Crematories] Nevada

19-26  State Funeral Board may authorize the embalming of a body if it

19-27  determines that it is necessary to preserve the body and the

19-28  crematory, funeral home, cemetery or other place that accepts

19-29  human remains for disposition:

19-30     (a) Has held the body for at least 72 hours;

19-31     (b) Is unable to notify a member of the family or other

19-32  authorized person to obtain approval to embalm the body; and

19-33     (c) Has no reason to believe that the family or other authorized

19-34  person does not wish to have the body embalmed.

19-35     4.  Any person who violates this section is guilty of a

19-36  misdemeanor.

19-37     Sec. 55.  NRS 451.635 is hereby amended to read as follows:

19-38     451.635  1.  No person may cremate human remains except in

19-39  a crematory whose operator is licensed by the [State Board of

19-40  Funeral Directors, Embalmers and Operators of Cemeteries and

19-41  Crematories.] Nevada State Funeral Board.

19-42     2.  The Board shall prescribe and furnish forms for application

19-43  for licensing. An application must be in writing and contain:

19-44     (a) The name and address of the applicant and the location or

19-45  proposed location of the crematory;

20-1      (b) A description of the structure and equipment to be used in

20-2  operating the crematory; and

20-3      (c) Any further information that the Board may reasonably

20-4  require.

20-5      3.  An application must be signed by the applicant personally,

20-6  by one of the partners if the applicant is a partnership, or by an

20-7  authorized officer if the applicant is a corporation or other form of

20-8  business organization.

20-9      4.  The Board shall examine the structure and equipment and

20-10  shall issue the license if [it] :

20-11     (a) It appears that the proposed operation will meet the

20-12  requirements of NRS 451.600 to 451.715, inclusive[.] ; and

20-13     (b) The applicant has paid all fees related to the application.

20-14     5.  If the ownership of a crematory is to be changed, the

20-15  proposed operator shall apply for licensing at least 30 days before

20-16  the change.

20-17     Sec. 56.  NRS 451.640 is hereby amended to read as follows:

20-18     451.640  [The State Board of Funeral Directors, Embalmers and

20-19  Operators of Cemeteries and Crematories:

20-20     1.  Shall]

20-21     1.  The Nevada State Funeral Board shall adopt regulations

20-22  for the administration of NRS 451.600 to 451.715, inclusive. Unless

20-23  governed by [regulation] the regulations of the State Board of

20-24  Health, the regulations of the Nevada State Funeral Board must

20-25  include , without limitation:

20-26     (a) The conditions under which the remains of a person who has

20-27  died from a communicable or otherwise dangerous disease may be

20-28  transported to a crematory for cremation[. The regulations must

20-29  include] ; and

20-30     (b) The minimum standards for sanitation, required equipment

20-31  and protection from fire.

20-32     2.  [May] The Nevada State Funeral Board may bring legal

20-33  proceedings to enjoin any person who violates any [provisions]

20-34  provision of NRS 451.600 to 451.715, inclusive, [or] any regulation

20-35  adopted pursuant [to this section] thereto or any order of the Board

20-36  from operating a crematory. Any person who is so enjoined is liable

20-37  to the Board for attorney’s fees and court costs.

20-38     Sec. 57.  NRS 451.715 is hereby amended to read as follows:

20-39     451.715  1.  It is unlawful for any person to:

20-40     (a) Hold himself out to the public as the operator of a crematory

20-41  without being licensed pursuant to NRS 451.635;

20-42     (b) Sign an order for cremation knowing that the order contains

20-43  incorrect information; or

21-1      (c) Violate any other provision of NRS 451.600 to 451.715,

21-2  inclusive[.] , any regulation adopted pursuant thereto or any order

21-3  of the Nevada State Funeral Board.

21-4      2.  It is unlawful for the operator of a crematory to perform a

21-5  cremation without an order signed by a person authorized to order

21-6  the cremation pursuant to NRS 451.650 or 451.655.

21-7      3.  [A] If a crematory is operated in this state in violation of any

21-8  provision of NRS 451.600 to 451.715, inclusive, [or] any regulation

21-9  [of the State Board of Funeral Directors, Embalmers and Operators

21-10  of Cemeteries and Crematories] adopted pursuant thereto or any

21-11  order of the Nevada State Funeral Board, the crematory is a public

21-12  nuisance and may be abated as such.

21-13     Sec. 58.  NRS 452.0055 is hereby amended to read as follows:

21-14     452.0055  “Board” means the [State Board of Funeral

21-15  Directors, Embalmers and Operators of Cemeteries and

21-16  Crematories.] Nevada State Funeral Board.

21-17     Sec. 59.  NRS 452.310 is hereby amended to read as follows:

21-18     452.310  1.  No person may engage in the business of

21-19  operating a cemetery in this state without first obtaining a certificate

21-20  of authority from the Board.

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

21-22  cemetery must be filed with the Board. Each application must be

21-23  accompanied by:

21-24     (a) A filing fee of $1,000[, no] and any other fees related to the

21-25  application. No part of [which] the fees is refundable.

21-26     (b) A copy, certified by the proper officials, of the:

21-27         (1) Articles of incorporation, if any.

21-28         (2) Bylaws of the corporation, if any.

21-29         (3) Application to the city or county planning commission

21-30  for a use permit or the rezoning for the proposed cemetery.

21-31         (4) Land use or zoning permit.

21-32         (5) Declaration of dedication of land to cemetery purposes.

21-33         (6) Deed, contract of purchase or other document which

21-34  provides the applicant with merchantable title to the land dedicated.

21-35         (7) Endowment care trust fund agreement executed by the

21-36  proper officers of the cemetery authority.

21-37     (c) A statement, executed by the proper officers of the applicant,

21-38  setting forth:

21-39         (1) If the applicant is a corporation, the names and addresses

21-40  of the board of directors and officers.

21-41         (2) If the applicant is not a corporation, the names and

21-42  addresses of the natural persons in charge.

21-43         (3) The names and addresses of the trustees of the

21-44  endowment care fund.

22-1          (4) The name and address of the person in charge of

22-2  sales.

22-3  The statement must contain a description of the general character,

22-4  experience and fitness to engage in the cemetery business for each

22-5  person named.

22-6      (d) A complete, detailed and audited financial statement

22-7  showing assets, liabilities and reserve.

22-8      (e) An itemized statement of all estimated receipts and

22-9  expenditures for the succeeding 2-year period or such other period

22-10  as may be required by the Board.

22-11     (f) A map of the proposed cemetery in such detail and size as

22-12  may be required by the Board.

22-13     (g) A statement of the proposed plan of operation in such detail

22-14  as may be required by the Board.

22-15     (h) A statement of the amount deposited in the endowment care

22-16  fund and the type of investment made of such amount.

22-17     (i) A statement from the depository showing the deposit in the

22-18  endowment care fund of the amount required by NRS 452.120 and

22-19  452.130.

22-20     (j) Such other information as may be required by written notice

22-21  from the Board.

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

22-23  copy of the following information contained in an application for a

22-24  certificate of authority filed with the Board pursuant to this section:

22-25     (a) The endowment care trust fund agreement;

22-26     (b) The names and addresses of the trustees of the endowment

22-27  care fund; and

22-28     (c) The statements described in paragraphs (h) and (i) of

22-29  subsection 2.

22-30     Sec. 60.  NRS 452.590 is hereby amended to read as follows:

22-31     452.590  1.  A person who proposes to purchase or acquire

22-32  control of an existing cemetery authority, either by purchase of the

22-33  outstanding capital stock of a cemetery authority or the interest of

22-34  the owner or owners, and thereby to change the control of the

22-35  cemetery authority, shall first make application to the Board for a

22-36  certificate of approval of the proposed change of control in the

22-37  cemetery authority.

22-38     2.  The application must contain the name and address of the

22-39  proposed new owners, and the Board may only issue a certificate of

22-40  approval after it is reasonably satisfied that the proposed new

22-41  owners are qualified by character, experience and business and

22-42  financial reputability and responsibility to control and operate the

22-43  cemetery in a suitable and proper manner, and that the interest of the

22-44  public generally will not be jeopardized by the proposed change in

23-1  ownership and management. The Board shall not issue a certificate

23-2  of approval without the approval of the Administrator.

23-3      3.  The application must be accompanied by a filing and

23-4  investigation fee of $250[, no] and any other fees related to the

23-5  application. No part of [which] the fees is refundable.

23-6      Sec. 61.  NRS 452.610 is hereby amended to read as follows:

23-7      452.610  In addition to any other penalty provided for in NRS

23-8  452.001 to 452.610, inclusive, any person who violates any

23-9  provision of NRS 452.001 to 452.610, inclusive, or any regulation

23-10  adopted or administrative order entered pursuant to those sections,

23-11  for which a greater penalty is not otherwise provided by law, is

23-12  guilty of a misdemeanor.

23-13     Sec. 62.  1.  Any administrative regulations adopted by an

23-14  officer or an agency whose name has been changed or whose

23-15  responsibilities have been transferred pursuant to the provisions of

23-16  this act to another officer or agency remain in force until amended

23-17  by the officer or agency to which the responsibility for the adoption

23-18  of the regulations has been transferred.

23-19     2.  Any contracts or other agreements entered into by an officer

23-20  or agency whose name has been changed or whose responsibilities

23-21  have been transferred pursuant to the provisions of this act to

23-22  another officer or agency are binding upon the officer or agency to

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

23-24  the contract or other agreement has been transferred. Such contracts

23-25  and other agreements may be enforced by the officer or agency to

23-26  which the responsibility for the enforcement of the provisions of the

23-27  contract or other agreement has been transferred.

23-28     3.  Any action taken by an officer or agency whose name has

23-29  been changed or whose responsibilities have been transferred

23-30  pursuant to the provisions of this act to another officer or agency

23-31  remains in effect as if taken by the officer or agency to which the

23-32  responsibility for the enforcement of such actions has been

23-33  transferred.

23-34     Sec. 63.  1.  The Legislative Counsel shall:

23-35     (a) In preparing the reprint and supplements to the Nevada

23-36  Revised Statutes, appropriately change any references to an officer

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

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

23-39  appropriate officer or agency.

23-40     (b) In preparing supplements to the Nevada Administrative

23-41  Code, appropriately change any references to an officer or agency

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

23-43  transferred pursuant to the provisions of this act to refer to the

23-44  appropriate officer or agency.

24-1      2.  Any reference in a bill or resolution passed by the 72nd

24-2  Session of the Nevada Legislature to an officer or agency whose

24-3  name is changed or whose responsibilities have been transferred

24-4  pursuant to the provisions of this act to another officer or agency

24-5  shall be deemed to refer to the officer or agency to which the

24-6  responsibility is transferred.

24-7      Sec. 64.  NRS 642.065 is hereby repealed.

24-8      Sec. 65.  This act becomes effective on July 1, 2003.

 

24-9  TEXT OF REPEALED SECTION

 

24-10     642.065  Regulations relating to funeral directing and

24-11   establishments. The Board may adopt and enforce reasonable

24-12   rules and regulations relating to the business of funeral directing, to

24-13   the sanitary conditions of places where such a business or practice

24-14   is conducted, with particular regard to plumbing, sewage,

24-15   ventilation and equipment, and generally to carry out the various

24-16   provisions of this chapter in the protection of the peace, health,

24-17   safety, welfare and morals of the public.

 

24-18  H