N.D. Admin. Code Title 25 — State Board of Funeral Service

title-25N.D. Admin. Code tit. 25Regulation

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Article 25-01 General Administration

Chapter 25-01-01 Organization of Board

N.D. Admin. Code 25-01-01-01 Organization of state board of funeral service

1.History. The 1905 legislative assembly enacted legislation providing for a state board of embalmers and regulating the licensure and practice of embalming. The 1963 legislative assembly enacted legislation empowering the board of embalmers to license and regulate funeral establishments in this state. The 1989 legislative assembly changed the name of the board to the state board of funeral service and placed crematories under the board's jurisdiction. These enactments are codified as North Dakota Century Code chapter 43-10. It is the responsibility of the board to uphold high ethical and professional standards in the practice of funeral service and in the conduct of business of funeral establishments and crematoriums in this state.

2.Board membership. The board consists of the state health officer and three funeral practitioners appointed by the governor. The appointed members of the board serve four-year terms, with not more than one term expiring on June thirtieth of each year.

3.Officers of the board and executive secretary. The members of the board elect from board membership a president, a secretary, and a treasurer. The board may hire an executive secretary, who may be an officer of the board, to transact the business of the board. The board may also hire any other individual deemed necessary for special work relating to the business of the board.

4.Inquiries. Inquiries regarding the board may be addressed to the executive secretary and treasurer:

Mr. Dale G. Niewoehner Executive Secretary State Board of Funeral Service P.O. Box 161 Rugby, North Dakota 58368-0161 www.nd.gov/funeral

January 1, 2015.

History

  • History: Amended effective January 1, 1982; July 1, 1983; October 1, 1989; May 1, 1993; May 1, 1998;
  • General Authority: NDCC 28-32-02
  • Law Implemented: NDCC 28-32-02

Chapter 25-01-02 General Provisions

N.D. Admin. Code 25-01-02-01 Compliance with rules and statutes

All licensees shall comply with the requirements of this title and laws on the practice of funeral service, and the laws, rules, and regulations of the state department of health, for the purpose of protecting the public health.

History

  • History: Amended effective May 1, 1993; May 1, 1998.
  • Law Implemented: NDCC 43-10-05, 43-10-06
N.D. Admin. Code 25-01-02-02 Separability of rules

The provisions of this title are separable and if any part or provision of this title shall be held unenforceable, unconstitutional, or invalid, the holding shall not affect or invalidate any other provision or part of this title.

History

  • Law Implemented: NDCC 43-10-05, 43-10-06
N.D. Admin. Code 25-01-02-03 Amendment of rules

Repealed effective May 1, 1998.

N.D. Admin. Code 25-01-02-04 Change of address

Each licensee shall promptly notify the executive secretary of the board of any change in the licensee's address.

History

  • Law Implemented: NDCC 43-10-05
N.D. Admin. Code 25-01-02-05 Display of license or registration

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 observe and read the license.

History

  • Law Implemented: NDCC 43-10-05
N.D. Admin. Code 25-01-02-06 Issuance of duplicate license

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

  • Law Implemented: NDCC 43-10-15.2
N.D. Admin. Code 25-01-02-07 Change of name on license

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

  • Law Implemented: NDCC 43-10-15.3

Article 25-02 Practice of Funeral Service and Licensure of Funeral Practitioners

Chapter 25-02-01 Practice of Funeral Service

N.D. Admin. Code 25-02-01-01 Definitions

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 supervision of the funeral director. Assistance provided by an assistant may not require the exercise of professional judgment or training.

2."Funeral chapel" means a facility that is affiliated with a funeral service establishment and used for mourning or funeral ceremony purposes but not preparation of a dead human body for final disposition.

History

  • History: Amended effective April 1, 1979; May 1, 1993; May 1, 1998; January 1, 2015.
  • General Authority: NDCC 43-10-05
  • Law Implemented: NDCC 43-10-05, 43-10-10, 43-10-10.1
N.D. Admin. Code 25-02-01-02 Waste disposal

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 material shall be packaged in a plastic or nonporous bag and sealed at the conclusion of each case and the public health thereby maintained.

History

  • History: Amended effective July 1, 1983; May 1, 1993; May 1, 1998.
N.D. Admin. Code 25-02-01-03 Preparation room equipment

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 article 62-03.1. Every embalming room must be equipped with an exhaust fan below tabletop height at the foot end of the table, a drench shower, and an eyewash station with the potential for running cold water only, continuously for fifteen minutes, in an unobstructed area.

Every funeral establishment, except a funeral chapel, must do all of the following:

1.Maintain a formaldehyde monitor report;

2.Post hazardous signs in compliance with applicable federal regulations;

3.Label storage area for chemicals or hazardous chemicals;

4.Keep a cover on any embalming machine;

5.Store and utilize a safety shield or mask, protective clothing, and protective gloves;

6.Maintain a splash tube on a functioning aspirator; and

7.Maintain safety data sheets, training records, and sharps disposal container.

History

  • History: Amended effective March 1, 1985; May 1, 1993; May 1, 1998; January 1, 2015.
  • Law Implemented: NDCC 43-10-05, 43-10-06, 43-10-22, 43-10-23
N.D. Admin. Code 25-02-01-04 Instruments and appliances

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.

N.D. Admin. Code 25-02-01-05 Funeral establishments

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 at the conclusion of each individual case.

N.D. Admin. Code 25-02-01-06 Attire while embalming

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.

N.D. Admin. Code 25-02-01-07 Serving of food and alcoholic beverages

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.

History

  • History: Amended effective April 1, 2005.
N.D. Admin. Code 25-02-01-08 Privacy

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 personnel during embalming, except by permission of the immediate family.

History

  • History: Amended effective May 1, 1998; January 1, 2015.
N.D. Admin. Code 25-02-01-09 Shipment of bodies

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

  • History: Amended effective July 1, 1983; May 1, 1993; May 1, 1998.
N.D. Admin. Code 25-02-01-10 Refusal to provide service

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.

History

  • History: Effective May 1, 1993; amended effective May 1, 1998.
  • General Authority: NDCC 43-10-05, 43-10-06, 43-10-16
  • Law Implemented: NDCC 43-10-05, 43-10-06, 43-10-16

Chapter 25-02-02 Licensure of Funeral Practitioners

N.D. Admin. Code 25-02-02-01 Application for license

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 accompanied by a fee of one hundred dollars, the required transcripts, and affidavits of at least two reputable residents of the county in which the applicant resides or proposes to engage in the practice of funeral service to the effect that the applicant is of good moral character.

History

  • History: Amended effective March 1, 1985; May 1, 1993; May 1, 1998; April 1, 2005; January 1, 2015.
  • Law Implemented: NDCC 43-10-11, 43-10-13
N.D. Admin. Code 25-02-02-02 Qualifications for licensure

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.Furnish evidence of satisfactory completion of at least two years of accredited college or university course of study in addition to the education required by subsection 4. For purposes of this subsection, two years means a minimum of sixty semester hours or a minimum of ninety quarter hours; or

b.Furnish evidence of licensure in good standing in another state and three or more years of active licensed experience in another state.

4.Show evidence of graduation from an accredited college of mortuary science.

5.Have successfully completed all required examinations.

6.Demonstrate completion of an approved internship.

7.Demonstrate to a funeral practitioner proficiency in the art of embalming. Final embalming report to indicate by affidavit signed by a funeral practitioner that the applicant is proficient in embalming.

January 1, 2015; July 1, 2023.

History

  • History: Amended effective April 1, 1979; July 1, 1983; March 1, 1985; May 1, 1993; May 1, 1998;
  • Law Implemented: NDCC 43-10-11, 43-10-12, 43-10-13
N.D. Admin. Code 25-02-02-03 Examination for licensure

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 vital records, North Dakota state department of health, state capitol, 600 east boulevard, Bismarck, ND 58505. The time of examination is arranged by the applicant and the division. The board shall issue a card indicating the eligibility of the applicant to take the examination.

History

  • History: Amended effective April 1, 1979; May 1, 1993; May 1, 1998; January 1, 2015.
  • Law Implemented: NDCC 43-10-11, 43-10-12, 43-10-13, 43-10-14, 43-10-15.1
N.D. Admin. Code 25-02-02-04 License renewal, late renewal

Repealed effective January 1, 2015. 25-02-02-04.1. License renewals.

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 North Dakota Century Code section 43-10-16 do not exist.

3.If the renewal application and renewal fee are not received by December thirty-first, the license expires and the funeral practitioner may not practice funeral service.

4.For thirty days after expiration, an expired license may be renewed by submitting the renewal application and renewal fee.

5.For two years after expiration, an expired license may be renewed by submitting the renewal application, renewal fee, and a late fee of one hundred fifty dollars.

6.If an expired license is not renewed within two years after expiration, an expired license may be renewed by submitting the renewal application, renewal fee, and late fee and passing the North Dakota laws and rules examination.

History

  • History: Effective January 1, 2015.
  • Law Implemented: NDCC 43-10-10, 43-10-15, 43-10-15.1, 43-10-16
N.D. Admin. Code 25-02-02-05 Licensure by reciprocity

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 fee of one hundred dollars.

3.The applicant shall pass the North Dakota laws and rules examination.

History

  • History: Amended effective July 1, 1983; March 1, 1985; May 1, 1993; May 1, 1998; January 1, 2015.
  • Law Implemented: NDCC 43-10-14
N.D. Admin. Code 25-02-02-06 Intern embalmer

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 the internship begins, and the name, license number, and business address of the supervising funeral practitioner. The registration is valid for one year and may be renewed by filing a renewal application with the board and by payment of the renewal fee of twenty-five dollars. The registration may not be renewed more than three times. A registered intern embalmer must notify the board within thirty days if he/she withdraws from the internship.

2.Qualifications. In order to qualify as an intern embalmer, the applicant shall meet all the following requirements:

a.Be eighteen years of age.

b.Be of good moral character.

c.Furnish evidence of having completed an accredited four-year high school course of study.

d.Furnish evidence of completion of one year of accredited college or university studies, or provide proof of substantial completion, as determined by the board, of one year accredited college or university studies. For purposes of this subdivision only, one year means thirty semester hours or forty-five quarter hours.

3.Certification. The state board of funeral service shall pass upon every intern embalmer application at its regular meeting.

4.Intern embalmer register. The executive secretary of the board shall keep a separate register for intern embalmers.

5.Lapsed certificate. In case an intern embalmer has allowed the certificate of registration to lapse for thirty days or more, no reregistration shall be permitted so as to make the intern embalmer's registration continuous from the date of the intern embalmer's original registration.

6.Monthly report. Each registered intern embalmer shall submit a report to the executive secretary of the board by the fifteenth of the month stating all cases in which the intern embalmer has assisted during the preceding month. This report is to be made on forms furnished by the board. Reports must be signed by the supervising funeral practitioner. Ten reports of funeral arrangements and funeral services must be submitted during the final six months of internship.

October 1, 2018.

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 practitioner. A funeral practitioner shall have only one registered intern embalmer working for the funeral practitioner at any given time.

3.While under the direct and exclusive supervision of a North Dakota funeral practitioner, the intern embalmer must actively participate in the embalming of at least twenty-five dead human bodies and in the arrangements or the direction of at least ten funerals.

History

  • History: Amended effective April 1, 1979; July 1, 1983; May 1, 1993; May 1, 1998; January 1, 2015;
  • Law Implemented: NDCC 43-10-01, 43-10-15.4, 43-10-15.5 25-02-02-06.1. Internship requirements.
  • History: Effective May 1, 1998.
  • Law Implemented: NDCC 43-10-15.4
N.D. Admin. Code 25-02-02-07 Prohibited acts

Repealed effective May 1, 1998.

N.D. Admin. Code 25-02-02-08 Exemptions from licensure

Repealed effective May 1, 1998.

Chapter 25-02-03 Continuing Education

N.D. Admin. Code 25-02-03 Continuing Education

CHAPTER 25-02-03

CONTINUING EDUCATION

Chapter voided by the Administrative Rules Committee effective October 18, 2005.

Article 25-03 Funerals, Funeral Services, and Licensing of Funeral Establishments

Chapter 25-03-01 Licensing of Funeral Establishments

N.D. Admin. Code 25-03-01-01 Funeral establishment license

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 December thirty-first of every year, and may be renewed by the board by submitting to the board a completed renewal application and the renewal fee of one hundred dollars.

3.Change of owner, supervising personnel, funeral home name, or location. A funeral establishment license may not be transferred from one owner to another. The new owner shall submit an application for a new license to the executive secretary of the board, accompanied by a fee of one hundred dollars. The funeral establishment license is issued in conjunction with a funeral practitioner license. Should the funeral practitioner signing the funeral establishment license application no longer be associated with the funeral establishment, the funeral practitioner shall notify the board. No funeral establishment license shall be valid unless the funeral establishment is under the supervision of a funeral practitioner. A change in the funeral practitioner supervising the funeral establishment or funeral establishment name or location requires a new funeral establishment license.

History

  • History: Amended effective July 1, 1983; May 1, 1993; May 1, 1998; April 1, 2005; January 1, 2015.
  • General Authority: NDCC 43-10-05
  • Law Implemented: NDCC 43-10-05, 43-10-22
N.D. Admin. Code 25-03-01-02 Requirements for funeral establishment

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 preparation or embalming table, an open fixture with water connects, and an instrument table, cabinet, or shelves.

2.Be properly lit and ventilated with an exhaust fan that provides at least twelve air changes per hour, and is so located that air is drawn away from the person preparing the preparations.

3.Have plumbing fixtures, water supply lines, plumbing vents, and waste drains properly vented and connected in compliance with article 62-03.1.

4.Have nonporous flooring, so that a sanitary condition is provided. The walls and ceiling of the preparation and embalming room must run from floor to ceiling and be covered with tile, or by plaster or sheetrock painted with washable paint, or other appropriate material so that a sanitary condition is provided. The doors, walls, ceiling, and windows must be constructed to prevent odors from entering into any other part of the building. All windows or other openings to the outside must be screened and all windows must be treated in a manner that prevents viewing into the preparation room from the outside.

5.Have a preparation and emblaming table and a functioning aspirator. The preparation and embalming table must have a nonporous top, preferably a rustproof metal or porcelain, with raised edges around the top of the entire table and a drain opening at the lower end. Where embalmings are actually performed in the room, the room must be equipped with a functional method for injection of fluids, an eyewash station, a drench shower, and sufficient supplies and instruments for normal operations.

6.Be private and have no general passageway through it. Each door allowing ingress or egress must carry a sign that indicates that the room is private and access is limited.

7.Be maintained in a clean and sanitary condition at all times and not be used for any other purposes.

History

  • History: Effective May 1, 1998; amended effective January 1, 2015.
  • General Authority: NDCC 43-10-05
  • Law Implemented: NDCC 43-10-05, 43-10-06, 43-10-22, 43-10-23

Chapter 25-03-02 Funerals

N.D. Admin. Code 25-03-02-01 Private funerals

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 danger of spread of disease at the funeral from unimmunized members. The decision shall be made by the local health officer. This in no way precludes other private funerals upon the wish of the family.

History

  • General Authority: NDCC 43-10-05, 43-10-06
  • Law Implemented: NDCC 43-10-06

Chapter 25-03-03 Funeral Services and Merchandise

N.D. Admin. Code 25-03-03-01 Disclosure of merchandise and services

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

  • History: Amended effective May 1, 1993; May 1, 1998.
  • General Authority: NDCC 43-10-05
  • Law Implemented: NDCC 43-10-05
N.D. Admin. Code 25-03-03-02 Other service requirement

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 homes under its jurisdiction in North Dakota to ensure proper implementation under 16 CFR part 453, Federal Trade Commission Trade Regulation Rule for Funeral Industry Practices. In the event of apparent noncompliance, the board will conduct a formal review of the funeral home.

History

  • History: Effective May 1, 1993; amended effective May 1, 1998.
  • General Authority: NDCC 43-10-05
  • Law Implemented: NDCC 43-10-05

Article 25-04 Anatomical Gift

Chapter 25-04-01 Eye Enucleation

N.D. Admin. Code 25-04-01-01 Eye enucleation

A funeral practitioner may only enucleate eyes in accordance with the terms of the North Dakota anatomical gift act.

History

  • History: Effective May 1, 1993; amended effective May 1, 1998.
  • General Authority: NDCC 43-10-05
  • Law Implemented: NDCC 43-10-05

Article 25-05 Crematoriums

Chapter 25-05-01 Licensure of Crematoriums

N.D. Admin. Code 25-05-01-01 Licensure of crematoriums

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 of one hundred dollars.

Each crematory operator must obtain and display a certificate of operation training provided by the retort manufacturer, cremation association of North America, or the national funeral directors association. The certificate must be renewed at a minimum of every five years or as required by the training entity.

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 motorized mechanical device for grinding, crushing, or pulverizing the cremated remains to a granulated appearance appropriate for final disposition; and

3.An appropriate holding facility for dead human bodies awaiting cremations.

History

  • History: Effective May 1, 1993; amended effective May 1, 1998; April 1, 2005; January 1, 2015.
  • Law Implemented: NDCC 43-10-05, 43-10-25 25-05-01-01.1. Crematory requirements.
  • Law Implemented: NDCC 43-10-05, 43-10-25
N.D. Admin. Code 25-05-01-02 Crematorium establishment

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 manufacturer's instructions. The crematorium shall also conform to all applicable federal, state, and local building codes.

History

  • History: Effective May 1, 1993; amended effective January 1, 2015.
N.D. Admin. Code 25-05-01-03 Insurance requirements
N.D. Admin. Code 25-05-01-04 Inspection of crematoriums

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

  • General Authority: NDCC 43-10-10, 43-10-22, 43-10-25
N.D. Admin. Code 25-05-01-05 Bond required
N.D. Admin. Code 25-05-01-06 Crematoriums must apprise funeral directors of requirements

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 cremation, the crematorium must apprise the funeral director in writing what materials in caskets will be completely consumed and what caskets cannot be consumed. The crematorium must apprise the funeral director if caskets or casket hardware are nonconsumable. It is the responsibility of the cremation authority involved to destroy on a regular basis and through proper sanitation and disposition channels available to it those caskets or their dependent parts that may remain after the cremation process. No stockpile of used caskets or parts may remain in or around the crematorium facility.

History

  • History: Effective May 1, 1993; amended effective January 1, 2015.
N.D. Admin. Code 25-05-01-07 Cremation requirements

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, and duly marked with the name of the person cremated, the name of the funeral director involved in the cremation, the age and date of birth and death of the person cremated, and the name and complete address of the crematorium.

2.If cremated remains are to be shipped by a common carrier, they must be shipped only by a method which uses an internal tracking system. Cremated remains shall be shipped to the address as stated on the cremation authorization form signed by the authorizing agent.

3.Cremated remains to be shipped must be packed in a method which complies with United States postal service requirements for packaging and shipping cremated remains, including USPS publication 139. Further,

a.Cremated remains must be placed in a heavy duty plastic bag with a metal identification tag attached to the bag.

b.The bag must be placed inside a temporary shipping container or urn, and sealed with durable tape.

c.The temporary shipping container or urn must be placed in a corrugated cardboard box with identification of the deceased, the recipient's and the sender's addresses both within the box and written or secured to the outside of the box, adequate padding must be supplied, and the box must be sealed with durable tape.

d.The cardboard box containing the temporary shipping container or urn must be placed in a durable outer container, such as the United States postal service's priority two-day express mail shipping box, appropriately padded and sealed with durable tape. The recipient's address, the return address, and tracking number must be legibly written on or attached to the box, and the contents must be insured in the amount requested by the authorizing agent. The box containing the temporary shipping container or urn may not be shipped in a bag or envelope, such as the United States postal service's express envelopes.

e.The crematorium or funeral practitioner must monitor the shipment using the tracking number, and must supply the tracking number to the intended recipient by phone or email on the day of shipment.

f.The crematorium or funeral practitioner must contact the intended recipient to confirm receipt of the package.

History

  • History: Effective May 1, 1993; amended effective May 1, 1998; January 1, 2015; October 1, 2018.
N.D. Admin. Code 25-05-01-08 Cremation authorization

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, together with funeral director signature and signature of acceptance of the cremation authority shall appear on this form, together with the full legal name and legal address of the cremation authority, and the completion date and time of cremation. Copies of these forms must be kept by the cremation authority, and sent to the funeral home that has contracted the cremation authority.

N.D. Admin. Code 25-05-01-09 Penalty. 25-05-01-09.1. Identification of body

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, an identifying disk, tab, or other permanent label must be placed within the cremated remains container before the cremated remains are released from the crematory. Each identification disk, tab, or label must have a number that must be recorded on all paperwork regarding the decedent. This procedure must be designed to reasonably ensure that the proper body is cremated and that the cremated remains are returned to the appropriate party.

N.D. Admin. Code 25-05-01-10 Prohibitions

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

authority and the parties contracting for cremations mentioned in this section.

2.Cremation of animals and pets of any type is strictly forbidden in a retort utilized for cremation of human remains.

3.Except for the items listed in subsection 1, retorts are forbidden to perform any multiple cremations of any type of human remains.

History

  • History: Effective May 1, 1993; amended effective May 1, 1998; July 1, 2023.
N.D. Admin. Code 25-05-01-11 Written release

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 cremation facility or authority, or the state regulatory agency from responsibility. Copies of these forms must be provided to the next of kin, retained by the funeral director, and the cremation authority, and made available to the state board of funeral service upon request. Failure to comply may result in disciplinary action. Any cremated remains existing prior to May 1, 1993, may be disposed of ninety days after a written attempt to contact next of kin for written approval.

N.D. Admin. Code 25-05-01-12 Unclaimed cremated remains

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 disposition, the funeral home shall send a written notice to the last-known address of the responsible person who directed and provided for the method of final disposition of the human remains to the effect that such remains will be disposed of unless claimed by the person within thirty days from the date of mailing such notice. The notice must be sent by registered mail, return receipt requested.

History

  • General Authority: NDCC 43-10-05, 43-10-06.1
  • Law Implemented: NDCC 43-10-06.1, 43-10-26
N.D. Admin. Code 25-05-01-13 Sale of funeral goods

A crematorium that sells funeral goods shall comply with 16 CFR part 453. A failure to do so is grounds for disciplinary action.

Article 25-07 Funeral Chapels

Chapter 25-07-01 Funeral Chapels

N.D. Admin. Code 25-07-01-01 Licensure of funeral chapels

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 fee of thirty-five dollars.

History

  • History: Effective May 1, 1998; amended effective January 1, 2015.
  • Law Implemented: NDCC 43-10-05, 43-10-22
N.D. Admin. Code 25-07-01-02 Accessibility

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.

N.D. Admin. Code 25-07-01-03 Restroom facilities

All funerals chapels must have restroom facilities that meet state and local requirements.

N.D. Admin. Code 25-07-01-04 Plumbing

All funeral chapels must have running water and adequate plumbing facilities.

N.D. Admin. Code 25-07-01-05 Approaches

All funeral chapels must have concrete sidewalk areas and approaches to the building for all entrances and exits.

N.D. Admin. Code 25-07-01-06 Electrical design

All funeral chapels must have electrical design that conforms to applicable state and local codes.

N.D. Admin. Code 25-07-01-07 Aspiration system

All funeral chapels must have a functional aspiration system in place.

N.D. Admin. Code 25-07-01-08 Fire codes

All new funeral chapels must meet appropriate state and local fire codes.

N.D. Admin. Code 25-07-01-09 Responsibility of funeral service establishment

It is the responsibility of the funeral service establishment to ensure that its funeral chapels meet board requirements.

Article 25-08 Disciplinary Action

Chapter 25-08-01 Investigations

N.D. Admin. Code 25-08-01-01 Peer review committee

The board may appoint a peer review committee as needed consisting of not more than four persons who are licensed to practice funeral service and an assistant attorney general assigned to the board to advise the board on standards of practice and other matters relating to specific complaints as requested by the board.

History

  • History: Effective May 1, 1998.
  • General Authority: NDCC 43-10-05
  • Law Implemented: NDCC 43-10-05
N.D. Admin. Code 25-08-01-02 Professional cooperation

A licensee, intern embalmer, or applicant for licensure who is the subject of an inspection or investigation by the board shall cooperate fully with the inspection or investigation. Failure to cooperate constitutes grounds for disciplinary action.

History

  • History: Effective May 1, 1998.
  • General Authority: NDCC 43-10-05
  • Law Implemented: NDCC 43-10-05

Chapter 25-08-02 Standard of Practice

N.D. Admin. Code 25-08-02-01 Unprofessional conduct

A licensee or intern embalmer may not engage in or permit others under the licensee's supervision or employment to engage in unprofessional conduct. Unprofessional conduct includes:

1.Harassing, abusing, or intimidating a customer or a customer's family;

2.Using profane, indecent, or obscene language within the immediate hearing of the family or relatives of the deceased;

3.Failure to treat with dignity and respect the body of the deceased, any member of the family or relatives of the deceased, any employee, or any other person encountered while within the scope of practice;

4.Habitual overindulgence in the use of or dependence on intoxicating liquors, prescription drugs, over-the-counter drugs, illegal drugs, or any other mood-altering substances that substantially impair a person's work-related judgment or performance;

5.Intentionally misleading or deceiving any customer in the sale of any goods or services provided by the licensee;

6.Knowingly making a false statement in the procuring, preparation, or filing of any required permit;

7.Knowingly making a false statement on a certificate of death;

8.Conviction of an offense that has a direct bearing upon that individual's ability to provide professional services or for which it is determined the individual is not sufficiently rehabilitated;

9.Misrepresentation or fraud;

10.Solicitation, after death or while death is impending, for business by the licensee, or by the agents, assistants, or employees of the licensee. This subsection does not prohibit general advertising;

11.Gross immorality;

12.Aiding or abetting an unlicensed person to practice funeral service;

13.Refusing to surrender promptly the custody of a dead human body upon the express order of a person lawfully entitled to its custody;

14.Gross negligence or gross incompetency in the practice of funeral service;

15.Knowingly violating any state or federal laws regarding funeral service; or

16.Failing to complete the continuing education required by chapter 25-02-03.

History

  • History: Effective May 1, 1998; amended effective April 1, 2005.
  • General Authority: NDCC 43-10-05, 43-10-06.2
  • Law Implemented: NDCC 43-10-05, 43-10-06.2, 43-10-16
N.D. Admin. Code 25-08-02-02 Advertising

A licensee or intern embalmer may not publish or disseminate false, misleading, or deceptive advertising. False, misleading, or deceptive advertising includes:

1.Identifying, by using the names or pictures of, persons who are not licensed to practice funeral service in a way that leads the public to believe those persons will provide funeral service;

2.Using any name other than the names under which the funeral establishment or crematory is known to or licensed by the board;

3.Using a surname not directly, actively, or presently associated with a licensed funeral establishment or crematory, unless the surname had been previously and continuously used by the licensed funeral establishment or crematory; and

4.Using a founding or establishing date or total years of service not directly or continuously related to a name under which the funeral establishment or crematory is currently or was previously licensed.

Any advertising or other printed material that contains the names or pictures of persons affiliated with a funeral establishment or crematory must state the position held by the persons and must identify each person who is licensed or unlicensed.

History

  • History: Effective May 1, 1998.
N.D. Admin. Code 25-08-02-03 Solicitation of business

A licensee may not directly or indirectly pay or cause to be paid any sum of money or other valuable consideration for the securing of business or for obtaining the authority to dispose of any dead human body.

History

  • History: Effective May 1, 1998.
N.D. Admin. Code 25-08-02-04 Offer, solicitation, or acceptance of fees, commissions, or other reimbursement

A funeral practitioner or intern embalmer may not offer, solicit, or accept a commission, fee, bonus, rebate, or other reimbursement in consideration for recommending or causing a dead human body to be disposed of in a specific crematorium, mausoleum, or cemetery unless the funeral practitioner, intern embalmer, or their employer has an ownership interest in the crematorium, mausoleum, or cemetery.

History

  • History: Effective May 1, 1998; amended effective January 1, 2015.

Chapter 25-06

N.D. Admin. Code 25-06

ARTICLE 25-06

BRANCH FACILITIES [Repealed effective January 1, 2015]

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