Title 43, Occupations and Professions
99 chapters · 1,335 sections in this title.
N.D.C.C. § 43-10-01 Definitions
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As used in this chapter, unless the context otherwise requires: 1. "Board" means the state board of funeral service. 2. "Crematorium" means a furnace or establishment for the cremation of corpses. 3. "Embalming" means preparing dead human bodies for final disposition or removal b…
N.D.C.C. § 43-10-02 State board of funeral service - Members - Appointment - Qualifications - Term of office - Oath - Vacancies - Removal
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The board consists of the state health officer or designee and three persons appointed by the governor. Each member appointed by the governor shall serve for a term of four years and until a successor is appointed and qualified. The terms of office of the appointed members expire…
N.D.C.C. § 43-10-03 Officers of board - Compensation of members - Treasurer's bond
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The members of the board may elect from their number a president, a secretary, and a treasurer. The treasurer must be bonded for the faithful discharge of the treasurer's duties in the sum of two thousand dollars. The members shall receive their actual traveling expenses which ma…
N.D.C.C. § 43-10-04 Meetings of the board - Quorum
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The board shall meet at least once a year, and may hold such special meetings as the proper and efficient discharge of its duties requires. Timely notice of all meetings must be given to every member of the board. Three members constitute a quorum for the transaction of business.…
N.D.C.C. § 43-10-05 Power of board to adopt rules for transaction of business - Seal - License fees
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The board may: 1. Adopt rules to administer and carry out this chapter. 2. Adopt rules regulating the practice, supervision, and instruction of intern embalmers. 3. Adopt rules relating to the professional conduct of funeral directors and intern embalmers. 4. Adopt such rules for…
N.D.C.C. § 43-10-06 Duty of board to adopt rules to prevent the spread of contagious diseases
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The board shall adopt such rules as it deems proper for the disinfection of a deceased person and of bedding, clothing, apartments, or anything likely to be infected in case of death from a contagious or infectious disease. The rules must be disclosed to every person engaged in e…
N.D.C.C. § 43-10-06.1 State board of funeral service to establish means of disposition
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The state board of funeral service shall provide by rule for the appropriate means of disposition for cremated remains held by a funeral home that have not been claimed as provided in section 43-10-26.
N.D.C.C. § 43-10-06.2 Continuing education requirements
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The board may adopt rules establishing requirements for the continuing education of persons licensed under this chapter. The board may refuse to renew, suspend, revoke, or place on probationary status any license issued under this chapter on proof that the licensee has failed to …
N.D.C.C. § 43-10-06.3 Information seminars
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The board may conduct information seminars.
N.D.C.C. § 43-10-07 Records of board - Admissible evidence
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A transcript of any matter of record in the office of the board, with the certificate of the secretary thereof attached, under the seal of said board, is competent evidence of such matter of record in any court in this state.
N.D.C.C. § 43-10-08 Biennial report
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The board may submit a biennial report to the governor and the secretary of state in accordance with section 54-06-04.
N.D.C.C. § 43-10-10 License required
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A person may not practice funeral service in this state unless that person is licensed by the board or registered with the board as an intern embalmer.
N.D.C.C. § 43-10-10.1 Funeral practice - Exceptions
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1. Nothing in this chapter may be construed to prevent a person from doing work within the standards and ethics of that person's profession and calling, provided that the person does not represent to the public that the person is engaging in the practice of funeral service. 2. No…
N.D.C.C. § 43-10-11 Examination required - Application - Qualification
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Any person who desires a license to practice funeral service shall apply to the board on a form provided by the board and submit to an examination. The applicant shall submit with the application proof that the applicant has the following qualifications: 1. Is of good moral chara…
N.D.C.C. § 43-10-11.1 Conviction not bar to licensure - Exceptions
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Conviction of an offense does not disqualify a person from licensure under this chapter unless the board determines that the offense has a direct bearing upon a person's ability to serve the public as a funeral service practitioner or determines under section 12.1-33-02.1 that th…
N.D.C.C. § 43-10-12 Examinations - Subjects covered - Written - Record
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The examination for a license to practice funeral service must be in writing and must cover the following subjects: 1. Anatomy. 2. Embalming. 3. Bacteriology. 4. Chemistry. 5. Pathology. 6. Mortuary management. 7. Restorative arts. 8. Rules of the department of health and human s…
N.D.C.C. § 43-10-13 License - When granted - Fee - Signed by majority of board - Nontransferable - Where displayed
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The board shall grant a license to practice funeral service if the applicant: 1. Has the required qualifications; 2. Has passed the required examination; and 3. Has paid to the treasurer of the board a sum of not more than two hundred dollars, as established by the board. The lic…
N.D.C.C. § 43-10-13.1 Limitations or qualifications placed on licensee
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The board, if the facts support such action, may place reasonable limitations or qualifications on the right to practice funeral service or to operate a funeral establishment or crematory.
N.D.C.C. § 43-10-14 License by reciprocity
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A licenseholder in good standing in another jurisdiction that imposes requirements for licensure which are at least as stringent as the requirements of this state may be issued a license after passing a written examination on questions concerning laws and rules of this state, upo…
N.D.C.C. § 43-10-15 License - Term - Renewal - Fee for renewal
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A license to practice funeral service is valid until the end of the year issued and may be renewed by the board upon the payment to the treasurer of the annual renewal fee before December thirty-first of each year. The amount of the fee may not exceed one hundred dollars. The boa…
N.D.C.C. § 43-10-15.1 Late renewal
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A license that has been expired may be renewed at any time within two years after its expiration on filing an application for renewal on a form prescribed by the board and payment of the renewal fee in effect on the last regular renewal date. If the license is not renewed within …
N.D.C.C. § 43-10-15.2 Issuance of duplicate licenses
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Upon receipt of satisfactory evidence that a license or certificate has been lost, mutilated, or destroyed, the board may issue a duplicate license or certificate upon such terms and conditions as the board prescribes, and upon payment of a fee of ten dollars.
N.D.C.C. § 43-10-15.3 Change of name
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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.
N.D.C.C. § 43-10-15.4 Intern embalmer - Application - Qualifications
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1. The board shall issue a certificate of registration as an intern embalmer to each applicant who files an application upon a form and in a manner the board prescribes, accompanied by a fee not to exceed fifty dollars, and who furnishes sufficient evidence to the board that the …
N.D.C.C. § 43-10-15.5 Certificate of registration - Term - Renewal - Fee for renewal
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A certificate of registration as an intern embalmer is valid for one year and may be renewed by the board upon payment to the treasurer of the annual renewal fee before December thirty-first of each year. Registration may not be renewed more than three times. The board may refuse…
N.D.C.C. § 43-10-16 Grounds for disciplinary action - Reimbursement of costs
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The board may revoke, suspend, place on probation, or refuse to issue a license to practice funeral service or certificate of registration as an intern embalmer upon proof at a hearing that the applicant, licensee, or certificate holder: 1. Is unfit to practice funeral service. 2…
N.D.C.C. § 43-10-16.1 Expiration of suspended license - Renewal
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A suspended license is subject to expiration and must be renewed as provided in this chapter, but the renewal does not entitle the holder of the license, while it remains suspended and until it is reinstated, to engage in the activity to which the license relates.
N.D.C.C. § 43-10-16.2 Restoration of license after revocation
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One year from the date of revocation, the former licensee may make application for initial licensure. In order to receive a new license, the applicant must satisfy the current requirements for licensure.
N.D.C.C. § 43-10-19 Hearing - Appeals
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Hearings regarding disciplinary action or denial of a license must be held under chapter 28-32. An appeal from the board's final decision may be taken in accordance with the provisions of section 28-32-42.
N.D.C.C. § 43-10-20 Penalty
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A person practicing or representing that the person is practicing funeral service, or preparing the dead for burial or shipment in violation of this chapter, is guilty of a class B misdemeanor. In addition to the criminal penalty provided, the civil remedy of injunction is availa…
N.D.C.C. § 43-10-21 Definition
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As used in sections 43-10-21 through 43-10-24, the term "funeral establishment" means a place of business situated at a specific street address or location, and used in the care and preparation for burial, transportation, or other disposition of dead human bodies, or used for the…
N.D.C.C. § 43-10-22 Licensure of funeral establishments
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A person may not operate or manage a funeral establishment without a funeral establishment license issued by the board for each place of business. Except for on tribal land, a funeral establishment may not be located on tax-exempt property. A person desiring to operate a funeral …
N.D.C.C. § 43-10-22.1 Display of license
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The funeral establishment license issued by the board to a funeral establishment must be conspicuously displayed at the funeral establishment for which the license was issued.
N.D.C.C. § 43-10-23 Inspections - Hearings - Revocations - Appeal
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The funeral establishment, or that part of a funeral establishment in which is conducted or intended to be conducted any funeral service business, must be open at all times for inspection by the board or the department of health and human services. The board or agents employed by…
N.D.C.C. § 43-10-24 Penalty
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Any person operating or managing a funeral establishment without a funeral establishment license in violation of section 43-10-22 is guilty of a class B misdemeanor.
N.D.C.C. § 43-10-25 Licensure of crematoriums
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A person may not operate a crematorium without a license issued by the board. A person desiring to operate a crematorium shall submit an application for an annual license to the board. The license fee may not exceed one hundred dollars and must be the same as a funeral establishm…
N.D.C.C. § 43-10-25.1 Grounds for disciplinary action
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The board may revoke, suspend, place on probation, or refuse to issue a license to operate a crematorium upon proof at a hearing that the applicant or licensee: 1. Is unfit to operate a crematorium. 2. Has violated this chapter or rules adopted by the board.
N.D.C.C. § 43-10-26 Disposition of stored cremated remains
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Any cremated remains in the possession of a funeral home in this state that have not been claimed within twelve months after the time of cremation may be disposed of in accordance with this section and section 43-10-06.1. At least thirty days prior to such disposition, any funera…