South Dakota Seal
Site Search:   
Bill Quickfind:  



 
36-19 FUNERAL DIRECTORS, EMBALMERS AND FUNERAL ESTABLISHMENTS
CHAPTER 36-19

FUNERAL DIRECTORS, EMBALMERS AND FUNERAL ESTABLISHMENTS

36-19-1      Definition of terms.
36-19-2      State Board of Funeral Service--Terms and qualifications of members--Vacancies.
36-19-3      Districts represented by board members.
36-19-3.1      Repealed.
36-19-4      Oath of office of appointive members.
36-19-5      Removal of appointive members from board--Filling of vacancies.
36-19-6      Meetings of board--Quorum.
36-19-6.1      Board continued within Department of Health--Records and reports.
36-19-7      Compensation and expenses of board members, secretary and employees.
36-19-8      Repealed.
36-19-9      Officers of board--Scope of rules--Bond required of treasurer.
36-19-10      Seal of board.
36-19-11      Fees paid to treasurer--Use of fees.
36-19-12      General duties of board with respect to licenses.
36-19-13      Qualifications of inspector employed by board.
36-19-14      License required to embalm, practice funeral service or maintain establishment.
36-19-15, 36-19-16. Omitted.
36-19-17      License issued to previously licensed funeral director.
36-19-18      Licenses issued to funeral service trainees.
36-19-19      Omitted.
36-19-20      Application for license to practice funeral service--Examination.
36-19-21      Age, character and education requirements for funeral service license--Scope of examination.
36-19-22      Time and place of examination--Minimum grade--Preservation of papers.
36-19-23      National board certificate accepted in lieu of examination.
36-19-24      Licensing of licensee from another state.
36-19-25      Fees for issuance and renewal of funeral service license.
36-19-25.1      Validation of receipt of prior initial license fees--vested rights.
36-19-26      Repealed.
36-19-27      Application for funeral establishment license--Fee--Licensee in charge.
36-19-28      Sanitation, ventilation, and equipment required for funeral establishment.
36-19-29      Repealed.
36-19-30      Funeral establishment managed by licensed individual.
36-19-31      Annual inspection of funeral establishment.
36-19-32      Change of location or transfer of funeral establishment.
36-19-33      License to legal representative of deceased funeral establishment manager.
36-19-34      Association membership not required for license.
36-19-35      Signature and seal of licenses.
36-19-36      Licenses not transferable--Display in place of business.
36-19-37      Expiration and annual renewal of licenses--Fee.
36-19-38      Grounds for refusal, suspension or revocation of license.
36-19-39      Omitted.
36-19-40      Appeal from revocation, suspension or refusal of license.
36-19-41      Violation of chapter as misdemeanor.
36-19-41.1      Injunction to prevent violations--Election of remedies.
36-19-42      Severability of provisions.
36-19-43      Federal trade commission rules--Board's option to comply with.


36-19-1 Definition of terms.
     36-19-1.   Definition of terms. Terms used in this chapter mean:
             (1)      "Board," the Board of Funeral Service;
             (1A)      "Branch chapel," a separate facility with a visitation room or chapel where no embalming is permitted that is owned by, a subsidiary of, or otherwise financially connected to or controlled by a licensed funeral establishment;
             (2)      "Embalmer," any person engaged in or conducting, or holding the person out as engaged in or conducting, the business of disinfecting, preserving, or both, or attempting to disinfect or preserve, or both, or cremate, dead human bodies, in whole or in part by use of chemicals externally, internally or by other methods, as approved by the department of health;
             (3)      "Funeral director," any person, partnership, limited liability company, corporation, association, or organization engaged in or conducting or holding that person out as engaged in or conducting, at a funeral establishment, the business of preparing, other than embalming, for burial or disposal, and supervising the burial or disposal of dead human bodies, or who shall, in connection with the person's name or business, use the title, funeral director, undertaker, mortician, or any other title implying that the person is engaged in the business herein described;
             (4)      "Funeral establishment," any place of business conducted at a specific street address or location devoted to the care and preparation for burial or transportation of dead human bodies;
             (5)      "Funeral service," those service provided or rendered by an embalmer or funeral director, or both, as set forth in subdivisions (2) or (3) of this section;
             (6)      "Trainee in funeral service," any person who is engaged in the training of funeral service. However, no person may serve or attempt to serve as such trainee until that person has filed a registration with the board of funeral service as set forth in this chapter.

Source: SDC 1939, § 27.1401; SL 1939, ch 102, § 1; SL 1963, ch 154, § 1; SL 1994, ch 351, § 79; SL 2010, ch 193, § 1.


36-19-2 State Board of Funeral Service--Terms and qualifications of members--Vacancies.
     36-19-2.   State Board of Funeral Service--Terms and qualifications of members--Vacancies. The State Board of Funeral Service shall include the five professional members who shall be licensed to practice funeral service. The Governor shall appoint the professional members of the board. However, no person may be appointed as a professional member of the board who has not been licensed in this state, as an embalmer and funeral director, or to practice funeral service, for at least five years prior to appointment. The term of office of appointed members is three years. The Governor shall, by appointment, fill any vacancy.
     The board shall also include two lay members who are users of the services regulated by the board. The term, lay member who is a user, refers to a person who is not licensed by the board but, where practical, uses the service licensed. The term shall be liberally construed to implement the purpose of this section. The Governor shall appoint the lay members. The lay members shall have the same term of office as other members of the board.
     No board member may serve more than three consecutive full terms. However, appointment to fill an unexpired term is not considered a complete term for this purpose. The Governor may stagger the terms to enable the board to have different terms expire each year.
     The terms of members begin on October thirty-first of the calendar year in which the Governor appoints the member, unless otherwise designated by the Governor. The appointee's term expires on October thirtieth in the third year of appointment.
     Any member's term ending June 30, 2013, or thereafter is extended to October thirtieth in the year the term is to expire.
     The board shall also include the secretary of health or the secretary's designee as a nonvoting member.

Source: SDC 1939, § 27.1402; SL 1939, ch 102, § 2; SL 1963, ch 154, § 2; SL 1967, ch 109; SL 1973, ch 2, § 58; SDCL Supp, § 36-19-3.1; SL 1976, ch 234, § 1; SL 2005, ch 199, § 51; SL 2007, ch 213, § 3; SL 2012, ch 16, § 12; SL 2013, ch 176, § 6.


36-19-3 Districts represented by board members.
     36-19-3.   Districts represented by board members. For the purpose of this chapter this state is hereby divided into five districts, and one professional member of the State Board of Funeral Service shall be appointed as provided in § 36-19-2 from each of the said districts. The first district shall consist of the following counties: Moody, Lake, the portion of McCook east of state highway 81, Minnehaha, Silver Lake, Grandview, Valley and Molan townships in Hutchinson, Turner, Lincoln, Union, Clay, Yankton. The second district shall consist of the following counties: Sanborn, Miner, Hanson, Jerauld, Buffalo, Aurora, Brule, Davison, the portion of McCook west of state highway 81, the remainder of Hutchinson, Douglas, Charles Mix, Bon Homme. The third district shall consist of the following counties: Roberts, Day, Grant, Codington, Clark, Hamlin, Deuel, Brookings, Kingsbury. The fourth district shall consist of the following counties: Marshall, Brown, McPherson, Campbell, Walworth, Edmunds, Spink, Faulk, Potter, Sully, Hughes, Hyde, Hand, Beadle. The fifth district shall consist of the following counties: Bennett, Butte, Corson, Custer, Dewey, Fall River, Gregory, Haakon, Harding, Jackson, Jones, Lawrence, Lyman, Meade, Mellette, Pennington, Perkins, Shannon, Stanley, Todd, Tripp, Ziebach.

Source: SDC 1939, § 27.1402; SL 1939, ch 102, § 2; SL 1963, ch 154, § 2; SL 1976, ch 234, § 2; SL 1985, ch 15, § 48.


36-19-3.1
     36-19-3.1.   Repealed by SL 1976, ch 234, § 3.


36-19-4 Oath of office of appointive members.
     36-19-4.   Oath of office of appointive members. The appointive members of the State Board of Funeral Service, before entering upon their duties shall respectively take and subscribe the oath required by other state officers, which shall be filed in the Office of the Secretary of State.

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


36-19-5 Removal of appointive members from board--Filling of vacancies.
     36-19-5.   Removal of appointive members from board--Filling of vacancies. The Governor may remove an appointive member of the State Board of Funeral Service for cause, and a member appointed to fill such vacancy caused by death, resignation, or removal shall serve during the unexpired term of his predecessor.

Source: SDC 1939, § 27.1402; SL 1939, ch 102, § 2; SL 1963, ch 154, § 2.


36-19-6 Meetings of board--Quorum.
     36-19-6.   Meetings of board--Quorum. The State Board of Funeral Service shall meet at least once a year and may also hold special meetings as frequently as the proper and efficient discharge of its duties requires.
     Four members constitute a quorum for the transaction of business.

Source: SDC 1939, § 27.1404; SL 1963, ch 154, § 2; SL 1999, ch 196, § 1.


36-19-6.1 Board continued within Department of Health--Records and reports.
     36-19-6.1.   Board continued within Department of Health--Records and reports. The State Board of Funeral Service shall continue within the Department of Health, and shall retain all its prescribed functions, including administrative functions. The board shall submit such records, information, and reports in the form and at such times as required by the secretary of health, except that the board shall report at least annually.

Source: SL 1973, ch 2, § 56 (j); SL 2003, ch 272 (Ex. Ord. 03-1), § 37.


36-19-7 Compensation and expenses of board members, secretary and employees.
     36-19-7.   Compensation and expenses of board members, secretary and employees. The State Board of Funeral Service may, in accordance with chapter 3-6A, determine the compensation of the secretary and such other assistants as may be necessary to carry out the provisions of this chapter, and of the rules and regulations adopted under it, and may incur such other expenses as may be necessary. The compensation of the members and the other expenses of the board shall be paid out of the fees received from applicants and licensees.

Source: SDC 1939, § 27.1403; SL 1939, ch 102, § 3; SL 1945, ch 109; SL 1947, ch 124; SL 1963, ch 154, § 2; SL 1967, ch 109; revised pursuant to SL 1973, ch 23.


36-19-8
     36-19-8.   Repealed by SL 1982, ch 16, § 34.


36-19-9 Officers of board--Scope of rules--Bond required of treasurer.
     36-19-9.   Officers of board--Scope of rules--Bond required of treasurer. The State Board of Funeral Service shall have the power to elect, out of its own number, a president, a vice-president, and secretary-treasurer, and, pursuant to chapter 1-26, promulgate the rules as may be reasonable and proper to:
             (1)      Establish the minimum physical standards of licensees' funeral establishments;
             (2)      Regulate the inspection of each funeral establishment;
             (3)      Establish the educational, training, reciprocity and renewal requirements for licensure;
             (4)      However, the board may not regulate the method and manner of providing funeral service; and
             (5)      Conduct investigations and implement disciplinary proceedings.
     The treasurer of such board shall give bond in the sum of five thousand dollars with sufficient sureties to be approved by such board, conditioned for the honest and faithful discharge of his duties.

Source: SDC 1939, 27.1403, 27.1405; SL 1939, ch 102, § 3; SL 1945, ch 109; SL 1947, ch 124; SL 1963, ch 154, § 2; revised pursuant to SL 1972, ch 15, § 4; SL 1986, ch 302, § 50.


36-19-10 Seal of board.
     36-19-10.   Seal of board. The State Board of Funeral Service shall be authorized to adopt and use a common seal.

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


36-19-11 Fees paid to treasurer--Use of fees.
     36-19-11.   Fees paid to treasurer--Use of fees. All fees collected under the provisions of this chapter shall be paid to the treasurer of the State Board of Funeral Service, to be used for the purpose of defraying its necessary salaries and expenses.

Source: SDC 1939, § 27.1405; SL 1963, ch 154, § 2.


36-19-12 General duties of board with respect to licenses.
     36-19-12.   General duties of board with respect to licenses. It shall be the duty of the State Board of Funeral Service to examine applicants for licenses as provided by this chapter; to keep all necessary records; receive registrations of trainees in funeral service; to control and issue reciprocal licenses and renewals of all other licenses as provided in this chapter; to revoke or suspend upon proper cause, and to provide hearings in such matters and to investigate any and all complaints originating from the violation of any section or sections of this chapter.

Source: SDC 1939, § 27.1406; SL 1963, ch 154, § 2.


36-19-13 Qualifications of inspector employed by board.
     36-19-13.   Qualifications of inspector employed by board. No person shall be employed as an inspector by the State Board of Funeral Service unless such person has been licensed in this state as an embalmer and funeral director, and has practiced funeral service, for at least five years prior to his appointment.

Source: SL 1963, ch 154, § 2.


36-19-14 License required to embalm, practice funeral service or maintain establishment.
     36-19-14.   License required to embalm, practice funeral service or maintain establishment. No person shall embalm any dead human body or practice embalming, or direct or supervise funerals, practice funeral service, or maintain a funeral establishment in the State of South Dakota, without being licensed by the State Board of Funeral Service.

Source: SDC 1939, § 27.1401; SL 1939, ch 102, § 1; SL 1963, ch 154, § 1.


36-19-15
     36-19-15, 36-19-16.   Omitted.


36-19-17 License issued to previously licensed funeral director.
     36-19-17.   License issued to previously licensed funeral director. Every funeral director who, on July 1, 1963, held a license which had been duly issued under the laws of this state, is entitled to have his license renewed annually upon payment of renewal fees of not to exceed fifty dollars set by the State Board of Funeral Service, by rule promulgated pursuant to chapter 1-26.

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


36-19-18 Licenses issued to funeral service trainees.
     36-19-18.   Licenses issued to funeral service trainees. The State Board of Funeral Service shall provide for registration of trainees for license to practice funeral service. Trainees shall at all times remain registered with the board and shall pay an initial registration fee not to exceed twenty-five dollars set by the State Board of Funeral Service, by rule promulgated pursuant to chapter 1-26.

Source: SL 1963, ch 154, § 3; SL 1967, ch 110; revised pursuant to SL 1972, ch 15, § 3; SL 1977, ch 300, § 2; SL 2008, ch 191, § 35.


36-19-19
     36-19-19.   Omitted.


36-19-20 Application for license to practice funeral service--Examination.
     36-19-20.   Application for license to practice funeral service--Examination. Any person desiring to obtain a license to practice funeral service under this chapter shall make application to the State Board of Funeral Service. The application shall contain such information as the board may require and be upon a form prepared by the board. Upon receipt of the application, the board shall fix a date and place for the examination of the applicant of which notice shall be given to the applicant by mail. At such time and place, a designee of the board, a board member, or a board staff member selected by a majority of the board shall proceed to examine the applicant under such rules the board may promulgate pursuant to chapter 1-26.

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


36-19-21 Age, character and education requirements for funeral service license--Scope of examinatio...
     36-19-21.   Age, character and education requirements for funeral service license--Scope of examination. In order to obtain a license in the practice of funeral service, the applicant must be a citizen of the United States or a resident of South Dakota, at least eighteen years of age, of good moral character, have a high school education, and sixty semester hours credit from a college or university, in a course approved by the State Board of Funeral Service, and must have completed one year's course at a school of embalming, accredited by the board, must have completed one year's work as a trainee embalmer-funeral director in this state, and must pass an examination on the following subjects: embalming and care, disposition, and preservation of the bodies of deceased persons; sanitation for the prevention of the spread of infectious or contagious diseases; and local health and sanitation ordinances and regulations relating to mortuary science.

Source: SDC 1939, § 27.1406 as amended by SL 1939, ch 102, § 4; SL 1951, ch 132, § 1; SL 1963, ch 154, § 3; revised pursuant to SL 1972, ch 15, § 4.


36-19-22 Time and place of examination--Minimum grade--Preservation of papers.
     36-19-22.   Time and place of examination--Minimum grade--Preservation of papers. The examination required by § 36-19-21 shall be held at such times and places as the examining board shall deem most convenient for the applicants for examination, and, in accordance with the rules and regulations of the State Board of Funeral Service. Examination shall be in writing and the applicant must attain a grade of seventy-five per cent on each subject.
     All examination papers of all applicants shall be kept on file by such board for a period of three years.

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


36-19-23 National board certificate accepted in lieu of examination.
     36-19-23.   National board certificate accepted in lieu of examination. If an applicant for a license to practice funeral service has satisfactorily passed the national board examination given by the Conference of Funeral Service Examining Board of the United States, Incorporated, and is so certified to the State Board of Funeral Service by said Conference of Funeral Service Examining Board of the United States, Incorporated, said board may in its discretion accept the results of said national board examination in lieu of the written portion of the board's examination.

Source: SL 1963, ch 154, § 3.


36-19-24 Licensing of licensee from another state.
     36-19-24.   Licensing of licensee from another state. Any holder of a license issued by the state authority in any other state maintaining a system and standard of examination for license to engage in the practice of funeral service, which in the judgment of the State Board of Funeral Service, is substantially the equivalent to that required in this state, may be issued such a license after passing a written examination on questions concerning the laws and rules of the State of South Dakota upon the payment of the applicable fee pursuant to § 36-19-25.

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


36-19-25 Fees for issuance and renewal of funeral service license.
     36-19-25.   Fees for issuance and renewal of funeral service license. A license to practice funeral service shall be issued and is renewable annually upon payment of a fee not to exceed one hundred twenty-five dollars set by the State Board of Funeral Service, by rule promulgated pursuant to chapter 1-26.

Source: SDC 1939, § 27.1407; SL 1939, ch 102, § 5; SL 1951, ch 132, § 2; SL 1963, ch 154, § 3; SL 1977, ch 300, § 4; SL 1983, ch 272, § 1; SL 1991, ch 311, § 3; SL 2007, ch 220, § 2; SL 2008, ch 191, § 36.


36-19-25.1 Validation of receipt of prior initial license fees--vested rights.
     36-19-25.1.   Validation of receipt of prior initial license fees--vested rights. The receipt of fees for initial licenses issued by the Board of Funeral Service is validated and is of the same force and effect as if the board had authority to set and collect such fees.
     If a person has a vested right in any property because of the lack of authority referred to in this section, and if no action or proceeding to enforce such right was commenced prior to July 1, 1984, such right is forever barred, and no such action or proceeding may be brought or be of any force or effect, or be maintainable in any court of this state.

Source: SL 1983, ch 272, § 2.


36-19-26
     36-19-26.   Repealed by SL 1977, ch 300, § 8.


36-19-27 Application for funeral establishment license--Fee--Licensee in charge.
     36-19-27.   Application for funeral establishment license--Fee--Licensee in charge. An application for a license to operate a funeral establishment shall be submitted for each location and shall be in writing on a form provided by the State Board of Funeral Service and shall be accompanied by a fee not to exceed two hundred fifty dollars set by the State Board of Funeral Service, by rule promulgated pursuant to chapter 1-26. A license to operate a funeral establishment may be granted upon approval and recommendation by the state board.
     The application shall state the name of the individual who is duly licensed as either a funeral director or in funeral service and who shall be in charge and responsible for all transactions conducted and services performed.

Source: SL 1963, ch 154, § 4; SL 1977, ch 300, § 5; SL 1991, ch 311, § 4; SL 2007, ch 220, § 3; SL 2008, ch 191, § 37.


36-19-28 Sanitation, ventilation, and equipment required for funeral establishment.
     36-19-28.   Sanitation, ventilation, and equipment required for funeral establishment. No establishment shall be classified as a funeral establishment unless it has a preparation room equipped with a sanitary floor of tile or linoleum, a table with sanitary top, suitable drainage and ventilation, and containing necessary instruments and supplies for the preparation and embalming of dead human bodies for burial or transportation, and a display room containing a reasonably adequate stock of funeral caskets and shipping cases.

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


36-19-29
     36-19-29.   Repealed by SL 1991, ch 311, § 5.


36-19-30 Funeral establishment managed by licensed individual.
     36-19-30.   Funeral establishment managed by licensed individual. Every funeral establishment shall be managed and conducted by a person licensed to practice funeral service, or who is a licensed funeral director.

Source: SL 1963, ch 154, § 4.


36-19-31 Annual inspection of funeral establishment.
     36-19-31.   Annual inspection of funeral establishment. Each funeral establishment shall be inspected annually by a member of the State Board of Funeral Service, or by an inspector employed by said board.

Source: SDC 1939, § 27.1403 as added by SL 1939, ch 102, § 3; SL 1945, ch 109; SL 1947, ch 124; omitted SDC Supp 1960, § 27.1403; SL 1963, ch 154, § 2.


36-19-32 Change of location or transfer of funeral establishment.
     36-19-32.   Change of location or transfer of funeral establishment. The holder of any funeral establishment license who transfers the location of such establishment, or ceases to operate the same, or transfers such license to another, shall, within five days thereafter, notify the State Board of Funeral Service thereof. In case of transfer of such license, the transferee shall promptly furnish the board the name of the individual who is duly licensed as either a funeral director or in funeral service, and who will, and shall, be in charge and responsible for all transactions conducted and services performed therein.

Source: SL 1963, ch 154, § 4.


36-19-33 License to legal representative of deceased funeral establishment manager.
     36-19-33.   License to legal representative of deceased funeral establishment manager. In case of the death of a designated manager of a funeral establishment, who leaves such funeral establishment as part or all of his estate, the State Board of Funeral Service shall issue to the legal representative of such deceased person, a funeral establishment license. The fee for the application and renewal of such license, and the time of payment thereof, shall be the same as required in § 36-19-37 for such licenses.

Source: SL 1963, ch 154, § 5.


36-19-34 Association membership not required for license.
     36-19-34.   Association membership not required for license. Membership in the South Dakota Embalmers and Funeral Directors Association shall never be a condition to obtaining or holding any license under this chapter.

Source: SL 1963, ch 154, § 6.


36-19-35 Signature and seal of licenses.
     36-19-35.   Signature and seal of licenses. All licenses issued under this chapter shall be signed by a majority of the State Board of Funeral Service and attested by its seal and shall specify by name the person to whom issued.

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


36-19-36 Licenses not transferable--Display in place of business.
     36-19-36.   Licenses not transferable--Display in place of business. Every license issued under this chapter except the funeral establishment license, shall be nontransferable and shall be displayed by such licensee in a conspicuous place in his or her office or place of business.

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


36-19-37 Expiration and annual renewal of licenses--Fee.
     36-19-37.   Expiration and annual renewal of licenses--Fee. All licenses issued under the provisions of this chapter are valid only until the following thirty-first day of December.
     If a licensee desires a renewal of such license, the State Board of Funeral Service shall grant it, except for cause in compliance with chapter 1-26. All applications for renewal shall be made within thirty days prior to the expiration of the license and shall be accompanied by a renewal fee not to exceed two hundred fifty dollars, set by the board, by rule promulgated pursuant to chapter 1-26.

Source: SDC 1939, § 27.1407; SL 1939, ch 102, § 5; SL 1951, ch 132, § 2; SL 1963, ch 154, § 6; revised pursuant to SL 1972, ch 15, §§ 3, 4; SL 1977, ch 300, § 7; SL 1991, ch 311, § 6; SL 2007, ch 220, § 4; SL 2008, ch 191, § 38.


36-19-38 Grounds for refusal, suspension or revocation of license.
     36-19-38.   Grounds for refusal, suspension or revocation of license. The State Board of Funeral Service, acting in compliance with chapter 1-26, may refuse to grant, may suspend, or revoke any license if the license holder or the license applicant:
             (1)      Obtained the license by fraud or misrepresentation either in applying for the license or in passing the examination for the license;
             (2)      Uses intoxicants or drugs to such a degree as to render the person unfit to practice funeral service or funeral directing;
             (3)      Has been convicted of a felony or crime involving moral turpitude. However, upon the conviction of a holder of a valid license, of a felony or crime involving moral turpitude, the conviction shall immediately and automatically revoke the license;
             (4)      Is not a person of good moral character;
             (5)      Is guilty of malpractice in the business of funeral service or funeral directing;
             (6)      Is guilty of willful violation of any section of this chapter, or any rule of the board, or any rule of the state or any municipal board or department of health governing the disposition, shipment, or transportation of dead human bodies; or willfully fails to make any report required by law or by the rules of the board;
             (7)      Signs a certificate stating that the person embalmed or prepared a dead human body for shipment or burial, whereas in fact, someone, other than the person signing the certificate, embalmed or prepared the dead human body for shipment or burial;
             (8)      Pays or causes to be paid, directly or indirectly, a commission for the securing of business; or, directly or indirectly solicits such business. However the soliciting of members or the selling of stock in any cooperative burial association is not a violation of this subdivision.
     If the license as funeral director is held by a firm, corporation, association, or organization, the provisions of this section apply to the members of the board of directors, officers, and employees, as well as to the firm, corporation, association, or organization.

Source: SDC 1939, § 27.1408; SL 1939, ch 102, § 6; SL 1951, ch 132, § 3; SL 1963, ch 154, § 7; SDCL, § 36-19-39; revised pursuant to SL 1972, ch 15, § 4; SL 2005, ch 199, § 52.


36-19-39
     36-19-39.   Omitted.


36-19-40 Appeal from revocation, suspension or refusal of license.
     36-19-40.   Appeal from revocation, suspension or refusal of license. An appeal from the decision of the State Board of Funeral Service may be taken as provided by chapter 1-26.

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


36-19-41 Violation of chapter as misdemeanor.
     36-19-41.   Violation of chapter as misdemeanor. Any person, firm or corporation conducting business or doing any act which is in violation of the provisions of this chapter is guilty of a Class 2 misdemeanor.

Source: SDC 1939, § 27.9929; SL 1963, ch 154, § 8; SL 1977, ch 190, § 191.


36-19-41.1 Injunction to prevent violations--Election of remedies.
     36-19-41.1.   Injunction to prevent violations--Election of remedies. The State Board of Funeral Service is empowered to commence actions for injunction for violation of this chapter or regulations hereunder as an alternate to criminal proceedings. The commencement of one proceeding by the board constitutes an election.

Source: New section created to carry out directions to the Code Commission contained in SL 1972, ch 15, § 4.


36-19-42 Severability of provisions.
     36-19-42.   Severability of provisions. If any provision of this chapter or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are declared to be severable.

Source: SL 1963, ch 154, § 11.


36-19-43 Federal trade commission rules--Board's option to comply with.
     36-19-43.   Federal trade commission rules--Board's option to comply with. The Board of Funeral Services may comply with or exempt themselves from the federal trade commission rules on funeral industry practices pursuant to §§ 453.1 to 453.10, inclusive, volume 16 of the Code of Federal Regulations as amended and in effect on January 1, 1984.

Source: SL 1984, ch 253.


Title 36

^ Back to Top