South Dakota Administrative Code

20:45:02:03. Preparation room--Maintenance. All refuse, bandages, cotton, and other waste materials must be disposed of at the conclusion of each embalming case. All preparation rooms must be maintained in a clean and sanitary condition. All embalming tables, sinks, floors, recep…

20:45:02:04. False listings. Repealed. Source: SL 1975, ch 16, § 1; 9 SDR 59, effective November 14, 1982; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 50 SDR 157, effective July 2, 2024.

20:45:02:05. Written contract required. At the time funeral arrangements are made, a funeral home representative shall give to the purchaser a written contract containing the following: (1) Any service that has been or will be performed, including the removal of the body and tran…

20:45:02:05.01. Pricing of merchandise. A licensed funeral home shall display the price of caskets, vaults, and other merchandise. Source: 50 SDR 157, effective July 2, 2024. General Authority: SDCL 36-19-12.1. Law Implemented: SDCL 36-19-38(15).

20:45:02:06. Prearranged funeral contracts. A prearranged funeral must be contracted for on a form prepared by the funeral establishment. The form must comply with SDCL chapter 55-11 and must be in triplicate. One copy must be kept in the funeral establishment. One copy must be d…

20:45:02:07. Length of time an unembalmed body may be kept. Within twenty-four hours from the time of death, the body must be refrigerated, embalmed, or buried in the ground. Any deviation from the foregoing requirements may only occur by an order of a court of competent jurisdic…

20:45:02:08. Definitions. Terms defined in SDCL 36-19-1 have the same meaning when used in this article. As used in this article, the term, sponsor, means a funeral director licensed in accordance with SDCL chapter 36-19 and § 20:45:03:02.02 who is supervising a trainee in funera…

20:45:03:01. Minimum qualifications of trainee. An applicant for registration as a trainee must be: (1) At least eighteen years of age; (2) Of good moral character; and (3) Enrolled in or have completed a mortuary science or funeral service program accredited by the American Boar…

20:45:03:02. Traineeship in funeral service. To satisfy the licensing requirement in SDCL 36-19-21, the traineeship must be a minimum of one year and completed within three years from the date of initial registration. An individual shall apply for a license to practice funeral se…

20:45:03:02.01. Mortuary student trainee. Repealed. Source: 37 SDR 237, effective June 30, 2011; 50 SDR 157, effective July 2, 2024.

20:45:03:02.02. Qualifications of a trainee sponsor. To qualify as a trainee sponsor, the licensed funeral director must be in good standing, have been licensed for at least five consecutive years immediately preceding becoming a sponsor, and have had no discipline on the license…

20:45:03:02.03. Supervision of trainee. The sponsor must be physically present in the same funeral establishment as the trainee to directly supervise the trainee’s first five embalming cases. Thereafter, if the sponsor determines the trainee has demonstrated competency and profes…

20:45:03:03. College coursework requirements. Repealed. Source: SL 1975, ch 16, § 1; 9 SDR 59, effective November 14, 1982; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 19 SDR 35, effective August 27, 1992; 21 SDR 118, effective January 2, 1995; 34 SDR 101, effective October 2…

20:45:03:03.01. Acceptance of National Board Examination. Repealed. Source: 9 SDR 59, effective November 14, 1982; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 50 SDR 157, effective July 2, 2024.

20:45:03:04. Filing of application. Repealed. Source: SL 1975, ch 16, § 1; 9 SDR 59, effective November 14, 1982; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 30 SDR 215, effective July 14, 2004; 50 SDR 157, effective July 2, 2024. 20:45:03:04.01. Incomplete application. A lic…

20:45:03:04.01. Incomplete application. A licensure application deemed incomplete by board staff must be completed within one year from the date received by the board, or the board must consider it withdrawn. The executive secretary shall notify the applicant if an application is…

20:45:03:05. Failure to pass examination. Repealed. Source: SL 1975, ch 16, § 1; 9 SDR 59, effective November 14, 1982; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 30 SDR 215, effective July 14, 2004; 50 SDR 157, effective July 2, 2024.

Rule 20:45:03:06 Repealed. 20:45:03:06. License by reciprocity.Repealed. Source: SL 1975, ch 16, § 1; 9 SDR 59, effective November 14, 1982; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 19 SDR 35, effective August 27, 1992; repealed, 21 SDR 118, effective January 2, 1995.

20:45:03:07. Renewal of lapsed license. Repealed. Source: SL 1975, ch 16, § 1; 9 SDR 59, effective November 14, 1982; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 18 SDR 59, effective October 2, 1991; 30 SDR 215, effective July 14, 2004; 50 SDR 157, effective July 2, 2024.

20:45:03:08. Fees. The fees for licenses and registrations issued by the board are as follows and are nonrefundable: (1) Trainee registration fee, twenty-five dollars; (2) Funeral director license application fee, two hundred and twenty-five dollars; (3) Annual funeral director l…

20:45:04:01. Registration fee -- Trainee. Repealed. Source: 4 SDR 27, effective November 8, 1977; 9 SDR 59, effective November 14, 1982; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 18 SDR 59, effective October 2, 1991; 50 SDR 157, effective July 2, 2024.

Rule 20:45:04:02 Repealed. 20:45:04:02. Application fee -- Funeral director's license.Repealed. Source: 4 SDR 27, effective November 8, 1977; 9 SDR 59, effective November 14, 1982; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 18 SDR 59, effective October 2, 1991; repealed, 30 …

20:45:04:03. Annual renewal fee -- Funeral director's license. Repealed. Source: 4 SDR 27, effective November 8, 1977; 9 SDR 59, effective November 14, 1982; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 18 SDR 59, effective October 2, 1991; 50 SDR 157, effective July 2, 2024.

20:45:04:04. Application fee -- Funeral establishment license. Repealed. Source: 4 SDR 27, effective November 8, 1977; 9 SDR 59, effective November 14, 1982; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 18 SDR 59, effective October 2, 1991; 34 SDR 101, effective October 24, 20…

20:45:04:05. Annual renewal fee -- Funeral establishment license. Repealed. Source: 4 SDR 27, effective November 8, 1977; 9 SDR 59, effective November 14, 1982; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 18 SDR 59, effective October 2, 1991; 34 SDR 101, effective October 24,…

Rule 20:45:04:06 Repealed. 20:45:04:06. Annual renewal fee -- Establishment license.Repealed. Source: 4 SDR 27, effective November 8, 1977; repealed, 9 SDR 59, effective November 14, 1982.

20:45:04:07. Application fee -- Funeral service license. Repealed. Source: 21 SDR 118, effective January 2, 1995; 34 SDR 101, effective October 24, 2007; 36 SDR 57, effective October 22, 2009; 50 SDR 157, effective July 2, 2024.

20:45:04:08. Annual renewal fee -- Funeral service license. Repealed. Source: 21 SDR 118, effective January 2, 1995; 34 SDR 101, effective October 24, 2007; 36 SDR 57, effective October 22, 2009; 50 SDR 157, effective July 2, 2024.

20:45:05:01. Definition of terms. Repealed. Source: 15 SDR 146, effective April 2, 1989; transferred from § 44:21:01:01, 26 SDR 87, effective December 9, 1999; 50 SDR 157, effective July 2, 2024.

20:45:05:02. Applicability. Repealed. Source: 15 SDR 146, effective April 2, 1989; transferred from § 44:21:01:02, 26 SDR 87, effective December 9, 1999; 50 SDR 157, effective July 2, 2024.

20:45:05:03. Application for licensure or renewal of license -- Fee. Repealed. Source: 15 SDR 146, effective April 2, 1989; transferred from § 44:21:01:03, 26 SDR 87, effective December 9, 1999; 30 SDR 215, effective July 14, 2004; 50 SDR 157, effective July 2, 2024.

20:45:05:04. Issuance of license -- Denial. Repealed. Source: 15 SDR 146, effective April 2, 1989; transferred from § 44:21:01:04, 26 SDR 87, effective December 9, 1999; 50 SDR 157, effective July 2, 2024.

20:45:05:05. Annual inspection -- Correction of violations. Repealed. Source: 15 SDR 146, effective April 2, 1989; transferred from § 44:21:01:05, 26 SDR 87, effective December 9, 1999; 30 SDR 215, effective July 14, 2004; 50 SDR 157, effective July 2, 2024.

20:45:05:06. Suspension or revocation of license. In accordance with SDCL chapter 1-26 and SDCL chapter 36-1C, the board may suspend, revoke, or impose other disciplinary actions against a license issued under SDCL chapter 34-26A on any of the following grounds: (1) Violation of …

20:45:05:07. Human remains defined. Repealed. Source: 15 SDR 146, effective April 2, 1989; transferred from § 44:21:01:07, 26 SDR 87, effective December 9, 1999; 50 SDR 157, effective July 2, 2024.

20:45:05:08. Physicians and medical facilities disposing of human remains required to be licensed. Repealed. Source: 15 SDR 146, effective April 2, 1989; transferred from § 44:21:01:08, 26 SDR 87, effective December 9, 1999; 50 SDR 157, effective July 2, 2024.

20:45:05:09. Container requirements for accepting pathological waste. Repealed. Source: 15 SDR 146, effective April 2, 1989; transferred from § 44:21:01:09, 26 SDR 87, effective December 9, 1999; 50 SDR 157, effective July 2, 2024.

20:45:05:10. Occupant protection. Repealed. Source: 15 SDR 146, effective April 2, 1989; transferred from 44:21:01:10, 26 SDR 87, effective December 9, 1999; 50 SDR 157, effective July 2, 2024.

20:45:05:11. Refrigeration requirements. A crematory operator who is unable to cremate unembalmed human remains immediately upon taking custody of the human remains must provide or maintain an operable refrigeration unit with cleanable, noncorrosive interior and exterior finishes…

20:45:05:12. Embalming requirements. Repealed. Source: 15 SDR 146, effective April 2, 1989; transferred from § 44:21:01:12, 26 SDR 87, effective December 9, 1999; 50 SDR 157, effective July 2, 2024.

20:45:05:13. Construction standards. Repealed. Source: 15 SDR 146, effective April 2, 1989; transferred from § 44:21:01:13, 26 SDR 87, effective December 9, 1999; SL 2021, ch 1, §§ 8, 19, effective April 19, 2021; 50 SDR 157, effective July 2, 2024.

20:45:05:14. Notice of construction or alteration of crematories. Repealed. Source: 15 SDR 146, effective April 2, 1989; transferred from § 44:21:01:14, 26 SDR 87, effective December 9, 1999; 30 SDR 215, effective July 14, 2004; 50 SDR 157, effective July 2, 2024.

20:45:05:15. Fire safety standards. A crematory must be maintained in good condition according to the specifications given by the manufacturer of the equipment. No flammable material may be stored within five feet of the cremation chamber. In addition, the crematory must have: (1…

20:45:05:16. Fire safety requirements for crematories attached to funeral establishments. A crematory that is a part of a funeral establishment or is physically attached to a funeral establishment must be separated from the funeral establishment by construction using noncombustib…

Rule 20:46:01:01 Repealed. 20:46:01:01. Definitions.Repealed. Source: SL 1975, ch 16, § 1; 2 SDR 58, effective March 8, 1976; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 24 SDR 33, effective September 22, 1997.

Rule 20:46:01:02 Repealed. 20:46:01:02. Required tests by hearing aid dispensers.Repealed. Source: SL 1975, ch 16, § 1; 2 SDR 58, effective March 8, 1976; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 24 SDR 33, effective September 22, 1997.

20:46:01:03. Record keeping. Repealed. Source: SL 1975, ch 16, § 1; 2 SDR 58, effective March 8, 1976; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 52 SDR 35, effective October 7, 2025.