Title 36 — PROFESSIONS AND OCCUPATIONS

Terms used in this chapter mean: (1) "Board," the State Board of Funeral Service; (2) "Branch chapel," a separate facility with a visitation room or chapel, in which no embalming is permitted, and which is owned by, a subsidiary of, or otherwise financially connected to or contro…

Source: SDC 1939, § 27.1403; SL 1939, ch 102 , § 3; SL 1945, ch 109 ; SL 1947, ch 124 ; SL 1963, ch 154 , § 2; revised pursuant to SL 1972, ch 15 , § 3; SL 2023, ch 137 , § 23.

All fees collected under the provisions of this chapter shall be paid to the treasurer of the State Board of Funeral Service, to be used for the purpose of defraying its necessary salaries and expenses. Source: SDC 1939, § 27.1405; SL 1963, ch 154 , § 2.

The board may: (1) Issue and renew licenses, as provided in this chapter; (2) Issue subpoenas, examine witnesses, administer oaths, conduct hearings and, at its discretion, investigate allegations of violations of this chapter, and impose penalties for such violations; (3) Enter …

The board shall promulgate rules, in accordance with chapter 1-26 , to: (1) Administer, coordinate, and enforce this chapter; (2) Establish requirements for license application and renewal; (3) Establish standards of professional conduct; (4) Establish standards for the operation…

Source: SL 1963, ch 154 , § 2; SL 2023, ch 137 , § 24.

Except as otherwise provided in this section, a person may not, without being licensed as a funeral director by the board: (1) Embalm any dead human body; (2) Practice embalming; (3) Conduct or supervise funeral services and burials of casketed remains; or (4) Maintain a funeral …

Source: SL 1963, ch 154 , § 3; SL 1977, ch 300 , § 1; SL 1991, ch 311 , § 2; SL 2008, ch 191 , § 34; SL 2023, ch 137 , § 25.

The board shall provide for the registration of each trainee pursuing licensure to practice funeral service. The board shall, by rule promulgated in accordance with chapter 1-26 , provide for a registration fee, which may not exceed twenty-five dollars. Source: SL 1963, ch 154 , …

36-19-20 Repealed. 36-19-21 Funeral service--License requirements. 36-19-22 Repealed. 36-19-23 Repealed. 36-19-24 Repealed. 36-19-25 Funeral service--Licensure renewal--Promulgation of rules--Fee. 36-19-25.1 Repealed. 36-19-26

The State Board of Funeral Service consists of five members appointed by the Governor. Four members must be persons who have been licensed to practice funeral service for at least five years and are currently licensed in accordance with this chapter. One member must be a represen…

Source: SDC 1939, § 27.1406; SL 1939, ch 102 , § 4; SL 1951, ch 132 , § 1; SL 1963, ch 154 , § 3; SL 1972, ch 15 , § 3; SL 2013, ch 174 , § 1; SL 2023, ch 137 , § 26.

The board may issue a license to practice funeral service to any person who: (1) Is at least eighteen years of age; (2) Submits an application on a form prescribed by the board; (3) Pays the application fee established by the board, in accordance with § 36-19-12.1 ; (4) Has compl…

Source: SDC 1939, § 27.1406; SL 1939, ch 102 , § 4; SL 1951, ch 132 , § 1; SL 1963, ch 154 , § 3; SL 2023, ch 137 , § 27.

Source: SL 1963, ch 154 , § 3; SL 2023, ch 137 , § 28.

Source: SDC 1939, § 27.1407; SL 1939, ch 102 , § 5; SL 1951, ch 132 , § 2; SL 1963, ch 154 , § 6; SL 1977, ch 300 , § 3; SL 2007, ch 220 , § 1; SL 2023, ch 137 , § 29.

A license to practice funeral service must be renewed annually. The board shall, by rule promulgated in accordance with chapter 1-26 , establish the renewal fee, which may not exceed two hundred twenty-five dollars. Source: SDC 1939, § 27.1407; SL 1939, ch 102 , § 5; SL 1951, ch …

Source: SL 1983, ch 272 , § 2; SL 2023, ch 137 , § 30. 36-19-26. Repealed by SL 1977, ch 300 , § 8.

36-19-27 Funeral establishment--Licensure requirement--Application--Fee--Inspection authority--Promulgation of rules. 36-19-28 Repealed. 36-19-29

An application for a license to operate a funeral establishment is required for each location. The application must be on a form provided by the board and accompanied by an application fee. The board shall, by rule promulgated in accordance with chapter 1-26 , establish the appli…

Source: SDC 1939, § 27.1401 as added by SL 1939, ch 102 , § 1; SDC Supp 1960, § 27.1401 (3); SL 1963, ch 154 , § 1; SL 2023, ch 137 , § 31. 36-19-29. Repealed by SL 1991, ch 311 , § 5.

36-19-30 Funeral establishment--Management. 36-19-31 Funeral establishment--Inspection. 36-19-32 Funeral establishment--Transfer or cessation. 36-19-33 Repealed. 36-19-34 Repealed. 36-19-35 Repealed. 36-19-36 License--Limitations on transferability. 36-19-37 License expiration--R…

Source: SDC 1939, § 27.1402; SL 1939, ch 102 , § 2; SL 1963, ch 154 , § 2; SL 1976, ch 234 , § 2; SL 1985, ch 15 , § 48; SL 2015, ch 56 (HJR 1005), eff. May 1, 2015; SL 2023, ch 137 , § 20. 36-19-3.1. Repealed by SL 1976, ch 234 , § 3.

36-19-4 Repealed. 36-19-5 Repealed. 36-19-6 State Board of Funeral Service--Meetings. 36-19-6.1 State Board of Funeral Service--Administration. 36-19-7 State Board of Funeral Service--Compensation--Reimbursement for expenses. 36-19-8

Each funeral establishment must be managed by a person licensed under this chapter. Source: SL 1963, ch 154 , § 4; SL 2023, ch 137 , § 14.

The board shall inspect each funeral establishment at least once every three years. Source: SDC 1939, § 27.1403 as added by SL 1939, ch 102 , § 3; SL 1945, ch 109 ; SL 1947, ch 124 ; omitted SDC Supp 1960, § 27.1403; SL 1963, ch 154 , § 2; SL 2023, ch 137 , § 15.

The holder of any funeral establishment license who transfers the location of the establishment, ceases to operate the establishment, or transfers the license to another, shall, within five days thereafter, notify the board. If the location is transferred, the transferee shall pr…

Source: SL 1963, ch 154 , § 5; SL 2023, ch 137 , § 32.

Source: SL 1963, ch 154 , § 6; SL 2023, ch 137 , § 33.

Source: SDC 1939, § 27.1407; SL 1939, ch 102 , § 5; SL 1951, ch 132 , § 2; SL 1963, ch 154 , § 6; SL 2023, ch 137 , § 34.

Each license issued under this chapter, other than the funeral establishment license, is not transferable and must be displayed by the licensee in a conspicuous place in the licensee's office or place of business. Source: SDC 1939, § 27.1407; SL 1939, ch 102 , § 5; SL 1951, ch 13…

Each license issued under this chapter expires on the following December thirty-first. Each application for renewal must be submitted to the board during the month of December and must be accompanied by a renewal fee. The board shall promulgate rules, in accordance with chapter 1…

The board may refuse to renew, and may suspend or revoke, any license if the license holder: (1) Obtained the license by fraud or misrepresentation either in applying for the license or in passing the examination for the license; (2) Alters the license; (3) Uses intoxicants or dr…

36-19-40 Repealed. 36-19-41 Violation of chapter as misdemeanor. 36-19-41.1 Injunction to prevent violations--Election of remedies. 36-19-42 Repealed. 36-19-43 Repealed. 36-19-44 Student activities exempt.

Source: SDC 1939, § 27.1403; SL 1939, ch 102 , § 3; SL 1945, ch 109 ; SL 1947, ch 124 ; SL 1963, ch 154 , § 2; SL 2023, ch 137 , § 21.

Source: SDC 1939, § 27.1408; SL 1939, ch 102 , § 6; SL 1963, ch 154 , § 7; revised pursuant to SL 1972, ch 15 , § 4; SL 2023, ch 137 , § 35.

Any person, firm or corporation conducting business or doing any act which is in violation of the provisions of this chapter is guilty of a Class 2 misdemeanor. Source: SDC 1939, § 27.9929; SL 1963, ch 154 , § 8; SL 1977, ch 190 , § 191.

The State Board of Funeral Service is empowered to commence actions for injunction for violation of this chapter or regulations hereunder as an alternate to criminal proceedings. The commencement of one proceeding by the board constitutes an election. Source: SL 1972, ch 15 , § 4…

Source: SL 1963, ch 154 , § 11; SL 2023, ch 137 , § 36.

Source: SL 1984, ch 253 ; SL 2023, ch 137 , § 37.

This chapter does not apply to a student who is: (1) Enrolled full-time in a program accredited by the American Board of Funeral Service Education; and (2) Engaged in an activity that: (a) Is part of a course of that program; and (b) Is directly supervised by a funeral director l…

Source: SDC 1939, § 27.1402; SL 1939, ch 102 , § 2; SL 1963, ch 154 , § 2; SL 2023, ch 137 , § 22.

The board shall meet at least twice each year, at a time and place established by the board, and may hold additional meetings at the call of the president or at the request of a majority of the board. Source: SDC 1939, § 27.1404; SL 1963, ch 154 , § 2; SL 1999, ch 196 , § 1; SL 2…

The board shall continue within the Department of Health, and shall retain all its prescribed functions, including administrative functions. The board shall submit such records, information, and reports in the form and at such times as required by the secretary of health. Source:…

Each member of the board shall receive per diem compensation in accordance with § 4-7-10.4 and reimbursement for expenses incurred while engaged in official business, as provided by law. Source: SDC 1939, § 27.1403; SL 1939, ch 102 , § 3; SL 1945, ch 109 ; SL 1947, ch 124 ; SL 19…

36-19-9 State Board of Funeral Service--Officers. 36-19-10 Repealed. 36-19-11 Fees paid to treasurer--Use of fees. 36-19-12 State Board of Funeral Service--Powers. 36-19-12.1 State Board of Funeral Service--Promulgation of rules. 36-19-13 Repealed. 36-19-14 Funeral activities--Li…

The board shall annually elect, from among its own members, a president, a vice - president, and a secretary. Source: SDC 1939, 27.1403, 27.1405; SL 1939, ch 102 , § 3; SL 1945, ch 109 ; SL 1947, ch 124 ; SL 1963, ch 154 , § 2; revised pursuant to SL 1972, ch 15 , § 4; SL 1986, c…