Title 43, Occupations and Professions

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.…

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…

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…

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.

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 …

The board may conduct information seminars.

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.

The board may submit a biennial report to the governor and the secretary of state in accordance with section 54-06-04.

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.

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…

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…

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…

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…

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…

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.

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…

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…

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 …

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.

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.

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 …

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…

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…

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.

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.

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.

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…

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…

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 …

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.

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…

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.

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…

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.

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…

In this chapter: 1. "Ablative esthetic procedure" means an esthetic procedure to excise, vaporize, disintegrate, or remove living tissue. Ablative procedures may not be performed by cosmetologists, estheticians, advanced estheticians, or manicurists. 2. "Advanced esthetician" mea…

This chapter does not apply to: 1. Services provided by individuals practicing cosmetology upon members of the individual's immediate families. 2. Services by nurses, undertakers, and morticians lawfully engaged in the performance of the usual and ordinary duties of their vocatio…

The state board of cosmetology consists of seven members appointed by the governor for three years each, with their terms of office so arranged that no more than three terms expire on June thirtieth of each year. Each member shall qualify by taking the oath required of civil offi…

Each member of the board must be an eligible voting resident of this state and have at least three years of practical experience in the occupation. The board must consist of at least three licensed cosmetologists and one licensed cosmetology instructor, secondary teacher, or post…

1. The members of the board annually shall elect a president and a secretary from the members of the board. 2. The president and the secretary may administer oaths. 3. The board shall: a. Adopt and enforce rules to administer this chapter after collaborating with affected parties…

Each appointed member of the board is entitled to receive compensation in an amount determined by the board by rule, for services rendered in the performance of the member's duties under this chapter. Expenses incurred by a board member in the performance of an official function …

Before entering upon the discharge of duties, the secretary of the board must be bonded for the faithful discharge of duties in the amount of five thousand dollars, and the premium for the bond must be paid out of the funds received by the board. The bond and oath of office must …

The board shall meet at least every other month at times determined by the board. The board shall publish annually the time and place of its regularly scheduled meetings. A majority of the members constitutes a quorum.

The secretary of the board shall keep a record of the board's proceedings and a register of applicants for licensure showing the name of the applicant, the name and location of the applicant's place of occupation or business, and whether the applicant was granted or refused a lic…

Material changes to the practice act must be brought to the board before enactment.

The board with the approval of the department of health and human services shall adopt rules of cleaning and disinfecting necessary to prevent the creating and spreading of infectious and contagious diseases. A cosmetologist, esthetician, advanced esthetician, or manicurist may p…