Title XXX, Occupations and Professions

Every license shall specify the name of the person to whom it was issued, the address of his place of business or employment, and shall be conspicuously displayed, at all times, in his place of business or employment. Licenses shall not be assignable.

I. A crematory authority shall not accept human remains for cremation without a proper label placed on the exterior of the alternative container or casket indicating the name of the deceased and the name and location of the funeral establishment, or the name of the next-of-kin or…

I. A crematory authority shall not cremate human remains until it has received a cremation authorization form as provided in paragraph II, a completed and executed permit for transit or cremation as provided by the board or the appropriate cremation permit from the state from whi…

I. Any person signing a cremation authorization form shall be deemed to warrant the truthfulness of any facts set forth on such form, including the identity of the deceased whose remains are sought to be cremated and the authority of the person to authorize such cremation. Any pe…

I. No human remains shall be cremated with the knowledge that the human remains contain a pacemaker or defibrillator or other potentially hazardous implant or condition. The authorizing agent shall take all necessary steps to ensure that any such hazardous implant or condition is…

I. If a crematory authority or funeral establishment is aware of any dispute concerning the cremation of human remains, or has a reasonable basis to believe that such a dispute exists or to question any of the representations made by the authorizing agent with respect to such rem…

I. Every person licensed to practice under this chapter, except as provided in RSA 325:29, shall apply to the office of professional licensure and certification every 2 years from date of issuance for license renewal. The office shall require each licensee to show proof of meetin…

I. Insofar as is possible, upon completion of the cremation, all of the recoverable residue of the cremation shall be removed from the cremation chamber and any foreign matter or anything other than bone fragments shall be removed from such residue and shall be disposed of by the…

I. For purposes of this chapter, the delivery of the cremated remains to the authorizing agent or his or her representative shall constitute final disposition. If, after a period of 60 days after the date of cremation, the authorizing agent or his or her representative has not di…

The board shall adopt rules, pursuant to RSA 541-A relative to: I. Criteria for licensure of crematory authorities. II. [Repealed.] III. The content of all forms. IV. Conditions under which human remains of persons whose death was caused by a disease declared by the board to be i…

As a condition of license renewal, each licensee shall attain a minimum number of continuing education credits every 2 years as specified in the rules adopted by the board.

No person shall assist in the embalming of dead human bodies for burial or cremation in any manner unless the person holds a license as an apprentice.

A crematory authority may enact reasonable bylaws not inconsistent with this chapter for the management and operation of a crematory operated by such authority. Nothing in this section shall prevent a crematory authority from enacting bylaws which contain more stringent requireme…

I. A crematory shall conform to all building codes and environmental regulations. II. A crematory may be constructed at any location consistent with applicable zoning and environmental regulations. III. A person intending to construct a crematory shall, upon application for a bui…

Apprentice licenses shall be issued for a period established by RSA 310:8. The fees for an apprentice license shall be established by the office of professional licensure and certification.

I. This chapter shall be construed and interpreted as a comprehensive cremation law, and the provisions of this chapter shall take precedence over any existing laws or rules that govern human remains that do not specifically address cremation. II. The disposal of human remains th…

The board may make such rules and regulations as it deems advisable for the qualifying or supervising of apprentices. No apprentice shall be permitted to advertise or hold himself out to the public as a holder of a license in funeral directing or embalming.

No person shall perform eye tissue removal or processing pursuant to RSA 291-A:11 unless such person has successfully completed a course of training acceptable to a procurement organization as defined in RSA 291-A:2, XX. The procurement organization shall have the power to establ…

I. [Repealed.] II. Misconduct sufficient to support disciplinary proceedings under this section shall include: (a) The practice of fraud or deceit in procuring or attempting to procure a license to practice under this chapter; (b) Conviction of a felony or any offense involving m…

I. Upon receipt of a final order from the licensing authority of another jurisdiction which imposes disciplinary sanctions against a licensee or a person applying for a license, the board may issue an order directing the licensee or applicant to appear and show cause why similar …

The widow or widower of a licensed funeral director or the wife or husband of one who is incapacitated may continue to administer his or her business providing she or he employs a person who holds the required license.

It shall be unlawful for any funeral director or embalmer, or the agents or representatives thereof, directly or indirectly, to pay or cause to be paid any sum of money or other valuable consideration for the securing of business.

An applicant for an initial or renewal license as a crematory authority shall file a written application with the office. The application shall be accompanied by the license fee and a certificate confirming that the crematory operator has attended, prior to issuance of the licens…

No person shall inject into any cavity or artery of the body of any person who has died from an accidental or sudden death, or under suspicious circumstances, any fluid or substance until a legal certificate of the cause of death has been obtained from the attending physician or …

If final disposition has not occurred within 48 hours after the funeral home obtains actual physical custody of the body, the body shall be embalmed or maintained at a temperature of under 40 degrees Fahrenheit or encased in a closed container with methods employed to prevent lea…

The sale or use for embalming purposes of any fluid containing arsenic, zinc, mercury, copper, lead, silver, antimony, chloral, or cyanogen, or any compound containing any of these, or any poisonous alkaloid, is prohibited, and all brands of embalming compounds used within the st…

I. A person shall be guilty of a class A misdemeanor if a natural person, or a felony if any other person, who: (a) Performs embalming without being licensed under this chapter. (b) Makes funeral arrangements, unless such person is a funeral director, next-of-kin as defined in RS…

It shall be unlawful for any person to engage in, promote or participate, directly or indirectly, in any scheme or plan in the nature of a burial association or in a so-called chain of burial or funeral establishments.

All moneys paid during a person's lifetime to any individual, firm, association, partnership, or corporation engaged in performing funeral services by such person or by someone in such person's behalf under an agreement that services be performed or merchandise be delivered in co…

Such funds may be withdrawn, if otherwise lawful, by the payee on written instructions of the person who originally paid the money or such person's legal representative if the account was opened as revokable. Such funds may be withdrawn, if otherwise lawful, by the payee upon the…

I. Any prearranged funeral contract that involves the payment of money to a trust account or the purchase or assignment of an insurance policy or annuity shall be in writing and shall include all of the following information: (a)(1) The name, address, and phone number of the sell…

Such bank, trust company, savings institution, licensed insurance company, or bonded, registered broker-dealer shall be discharged from liability for payment of the funds in any such account upon presentation of a written consent to withdrawal signed by the party who paid the fun…

No person holding a license under this chapter shall be employed as a funeral home, funeral establishment, funeral director or embalmer by a cemetery, cemetery association, or cemetery corporation, nor shall such person own or control a cemetery, cemetery association, or cemetery…

No funeral home, funeral establishment, crematories, memorial societies, burial associations, cemetery, cemetery associations or person holding a license under this chapter shall as, or through, an agent or principal solicit a prearranged funeral service or plan for any person or…

Any member of said board may be removed by the governor and council for cause.

No funeral home, funeral establishment, crematories, memorial societies, burial associations, cemetery, cemetery associations or person licensed under this chapter shall pay or cause to be paid, directly or indirectly, any money or other thing of value to a person not responsible…

I. A crematory authority desiring to relocate a crematory shall file a written application to the office at least 30 days prior to the designated date of such relocation. The application shall be accompanied by the required fee. II. A crematory authority desiring to change owners…

Vacancies in the board shall be filled by the governor with the advice and consent of the council for the unexpired term, and said appointment shall be made within 60 days from the date of such vacancy.

Within 30 days after appointment and qualification of a member, the board shall meet and elect from among its members a chairperson and such other officers as the board may provide for by rule. This organization shall continue until the appointment of a new member or upon the res…

I. The office of professional licensure and certification shall at least once every 3 years inspect or provide for the inspection of any crematory operated by a crematory authority licensed under this chapter in accordance with standards established by the board in rules adopted …

The board shall be responsible for the administration and enforcement of RSA 325-A relative to the cremation of human remains.

The board shall adopt rules, pursuant to RSA 541-A, relative to: I. [Repealed.] II. The qualifications of applicants in addition to those requirements set by RSA 325:13, RSA 325:14, and RSA 325:14-a, and including the qualifications for satisfactory evidence of: (a) Completion of…

In order to safeguard the life, health, and public welfare of the people of New Hampshire and in order to protect the people of the state from the unauthorized, unqualified, and improper application of services by individuals in the practice of nursing, it is necessary that a reg…

I. The general court finds that the practice of midwifery has been a part of the culture and tradition of New Hampshire since colonial days and that it is in the public interest to remove impediments to the practice of midwifery. II. For personal and economic reasons some New Ham…

In this chapter and RSA 328-F: I. "ABGC" means the American Board of Genetic Counseling, its equivalent, or successor. II. "ABMG" means the American Board of Medical Genetics, its equivalent, or successor. III. "Board" means the genetic counselors governing board established in R…

This chapter may be cited as the "Dietitians Licensure Act."