North Dakota Administrative Code

Repealed effective May 1, 1998.

Each licensee shall promptly notify the executive secretary of the board of any change in the licensee's address. General Authority: NDCC 43-10-05 Law Implemented: NDCC 43-10-05

Each license or certification of registration issued by the board must be conspicuously displayed at all times in the holder's place of business. "Conspicuously display" means in a location where a member of the general public within the holder's place of business will be able to…

Upon receipt of satisfactory evidence that a license or certificate has been lost, mutilated, or destroyed the board shall issue a duplicate license or certificate upon payment of a fee of ten dollars. History: Effective May 1, 1998. General Authority: NDCC 43-10-05 Law Implement…

Any licensee desiring to change the name appearing on the licensee's license may do so by applying to the board and paying a fee of ten dollars. History: Effective May 1, 1998. General Authority: NDCC 43-10-05 Law Implemented: NDCC 43-10-15.3 2…

The terms in this title have the same meaning as in North Dakota Century Code section 43-10-01 unless the context or subject matter otherwise requires, except: 1. "Assistant" means a nonprofessional providing assistance to a funeral practitioner under the direct and immediate sup…

All funeral directors shall contact either prime health care facilities in their area or waste disposition companies established to handle wastes to arrange suitable disposition. Every preparation room shall be provided with proper and convenient receptacles for refuse. Waste mat…

Every preparation room must be equipped with a sanitary embalming table with running water. Every plumbing fixture, receptacle, and water supply tank must be provided with a proper air gap or backflow device to prevent backflow into the water supply. All plumbing must comply with…

All instruments and appliances used in the embalming of a dead human body must be thoroughly cleansed and sterilized by a federally approved germicidal solution immediately at the conclusion of each individual case or autoclave, or both. History: Amended effective May 1, 1993; Ma…

All funeral establishments shall be kept and maintained in a clean and sanitary condition and all embalming tables, hoppers, sinks, receptacles, instruments, and other appliances used in the embalming of dead human bodies shall be thoroughly cleansed and disinfected immediately a…

Every person, while engaged in actual embalming, shall be attired in a clean and disposable sanitary smock or gown and shall, while so engaged, wear rubber impervious gloves, disposable facial mask or safety shield, and disposable shoe covers. History: Amended effective May 1, 19…

The serving of food or alcoholic beverages to the public in connection with or in conjunction with any part of the funeral service operation shall comply with all state and local laws and regulations. 2 History: Amended effective April 1, 2005. General Authority: NDCC 43-10-05, 4…

The preparation of all bodies of persons dead from any cause shall be entirely private, and no one shall be allowed in the embalming room except funeral practitioners, intern embalmers, a student enrolled in a premortuary of science program, and medical or law enforcement personn…

Shipment of bodies shall be done in compliance with shipping regulations of the state department of health and any other applicable state or federal laws or regulations. History: Amended effective July 1, 1983; May 1, 1993; May 1, 1998. General Authority: NDCC 43-10-05, 43-10-06 …

A licensed practitioner may not refuse service to anyone because of a significant contagious or infectious disease. Refusal of any licensed practitioner to provide service to anyone because of a significant contagious or infectious disease may result in disciplinary action. Histo…

An application for license to practice funeral service shall be made on a form provided by the board. The application shall contain the person's full name, age, place of residence, recent photograph, and any other information required by the board. The application shall be accomp…

To qualify for a license to practice funeral service, the applicant shall meet all of the following requirements: 1. Be of good moral character. 2. Furnish evidence of successful completion of an accredited four-year high school course of study. 3. One of the following: a. Furnis…

1. To be licensed, an applicant shall pass the national board examination offered by the international conference of funeral service examining boards and the North Dakota laws and rules examination. 2. The North Dakota laws and rules examination is administered by the division of…

Repealed effective January 1, 2015.

1. Licenses expire after December thirty-first of every year. 2. Licenses may be renewed by December thirty-first by submitting a renewal application and a renewal fee of one hundred dollars, provided the funeral practitioner's license is not revoked or grounds for denial under N…

1. An applicant, licensed in good standing in another jurisdiction to practice embalming and funeral directing, may be licensed if the requirements for licensure in the other jurisdiction are at least as stringent as the requirements in North Dakota. 2. The applicant shall pay a …

1. Application. The application for registration as an intern embalmer shall be made upon a form approved by the board and verified by the applicant and accompanied by a fee of fifty dollars. The application shall include the name and home address of the intern embalmer, the date…

1. Intern embalmers may only practice funeral service under the direct supervision of a North Dakota funeral practitioner. 2. An intern embalmer may be registered under only one funeral practitioner at any given time and may be directed and supervised only by the funeral practiti…

Repealed effective May 1, 1998.

Repealed effective May 1, 1998. 4

1. Application for license. An application for licensing of a funeral establishment, except a funeral chapel, must be made on a form provided by the board and be accompanied by a fee of one hundred dollars. 2. License renewal. A funeral establishment license expires after Decembe…

All funeral establishments, except funeral chapels, must contain a preparation and embalming room and office space for making arrangements. A preparation and embalming room must meet all of the following requirements: 1. Be of sufficient size and dimensions to accommodate a prepa…

A private funeral will be required only under unusual circumstances, such as when a death caused by a communicable disease which the spread can be controlled by immunization occurs in a family which is a member of a group whose beliefs are opposed to immunizations, and thus the d…

Funeral practitioners shall comply with 16 CFR part 453 and all other federal laws applicable to the practice of funeral service. A failure to do so is grounds for disciplinary action. History: Amended effective May 1, 1993; May 1, 1998. General Authority: NDCC 43-10-05 Law Imple…

1. It is the duty of all licensed funeral service practitioners to be familiar with 16 CFR part 453, Federal Trade Commission Trade Regulation Rule for Funeral Industry Practices, and to abide by these rules. 2. The board can review present and past cases of any and all funeral h…

A funeral practitioner may only enucleate eyes in accordance with the terms of the North Dakota anatomical gift act. History: Effective May 1, 1993; amended effective May 1, 1998. General Authority: NDCC 43-10-05 Law Implemented: NDCC 43-10-05 1…

An application to license a crematorium must be made on a form provided by the board and include the application fee of one hundred dollars. The license expires after December thirty-first of every year, and may be renewed by submitting a renewal application and the renewal fee o…

A crematory must consist of: 1. A building or structure that complies with applicable local and state building codes, zoning laws and ordinances, and environmental standards, containing one or more cremation chambers or retorts for the cremation of dead human bodies; 2. A motoriz…

Any crematorium in the state of North Dakota shall comply with all criteria of federal and state law regarding environmental impact on the area in which it is located, including interior design and placement of the crematoria retort which must be installed in accordance with the …

Repealed effective May 1, 1998.

Any crematorium in the state of North Dakota for the disposition of human remains through the process of cremation must be open for inspection by any authorized representative of the North Dakota state department of health, or any representative of the board. History: Effective M…

Repealed effective May 1, 1998.

All crematoriums in the state of North Dakota must fully apprise funeral directors of the type of container the crematorium can cremate, and that a minimum cremation unit as adjudged practical by the cremation association of North America be used. Should caskets be used in cremat…

1. All crematoriums shall clean their retorts at the conclusion of each cremation, and bone fragments that remain must be duly reduced by equipment sanctioned by the cremation association of North America, placed in a rigid sealed container of fiberglass, metal, wood, or plastic,…

Cremation authorization permits must be signed by the legal representative or representatives of the deceased, and all information with full name of decedent, date and place of birth, and date and place of death, and cause of death, and final disposition of cremains instructions,…

Repealed effective May 1, 1998. 3

All licensed crematories must develop, implement, and maintain an identification procedure whereby dead human bodies can be identified from the time the crematorium accepts delivery of the remains until the cremated remains are released to an authorized party. Before cremation, a…

1. Crematoriums are forbidden to cremate fetuses, limbs, and body parts from private or public health agencies or medical schools or medical doctors unless appropriate releases are given to the crematoriums by those agencies. Copies of releases must remain with the cremation auth…

Funeral directors holding cremated remains must have written release from legal next of kin before the funeral director disposes of remains in any manner other than that suggested on the cremation form. The release must clearly remove liability of the funeral director, the cremat…

After twelve months, unclaimed cremated remains may be disposed of by earth burial in an established cemetery in an appropriate container. The container may hold one or more cremated remains, as long as the individual remains are kept separate. At least thirty days prior to such …

A crematorium that sells funeral goods shall comply with 16 CFR part 453. A failure to do so is grounds for disciplinary action. History: Effective May 1, 1998. General Authority: NDCC 43-10-05 Law Implemented: NDCC 43-10-05 5

An application to license a funeral chapel must be made on a form provided by the board and include the application fee of thirty-five dollars. The license expires after December thirty-first of every year, and may be renewed by submitting a renewal application and the renewal fe…

All funeral chapels must have appropriate entrance and exit doors clearly marked and lighted. All exterior and interior doors must be of appropriate width and length. History: Effective May 1, 1998. General Authority: NDCC 43-10-05 Law Implemented: NDCC 43-10-05

All funerals chapels must have restroom facilities that meet state and local requirements. History: Effective May 1, 1998. General Authority: NDCC 43-10-05 Law Implemented: NDCC 43-10-05

All funeral chapels must have running water and adequate plumbing facilities. History: Effective May 1, 1998. General Authority: NDCC 43-10-05 Law Implemented: NDCC 43-10-05 1