ENTITLED An Act to update provisions related to the licensure of funeral directors and the provision of funeral services.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That   36-19-1 be AMENDED:

36-19-1. 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 controlled by a licensed funeral establishment;

(3) "Funeral director," any person engaged in or holding out as being engaged in:

(a) Conducting funeral services and burials of casketed remains;

(b) Disinfecting and preserving dead human bodies; or

(c) Cremating human remains;

(4) "Funeral establishment," a business, at a physical location, devoted to caring for and preparing dead human bodies for burial or transportation;

(5) "Trainee," any person who has registered with the board and is engaged in training to provide funeral services.

Section 2. That   36-19-2 be AMENDED:

36-19-2. 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 representative of the public who is not associated with or financially interested in the provision of funeral services and is not a member of a related profession or a practitioner of a related occupation.

The term of office is three years. In the event of a vacancy, the Governor shall appoint a new member to fill the unexpired term.

A board member may not serve more than three consecutive full terms. An appointment to fill an unexpired term is not considered to be a full term.

Each term of office begins on October thirty-first.

The secretary of health or the secretary's designee shall serve as an ex officio, nonvoting member of the board.

Section 3. That   36-19-6 be AMENDED:

36-19-6. 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.

Section 4. That   36-19-6.1 be AMENDED:

36-19-6.1. 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.

Section 5. That   36-19-7 be AMENDED:

36-19-7. 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.

Section 6. That   36-19-9 be AMENDED:

36-19-9. The board shall annually elect, from among its own members, a president, a vice‑president, and a secretary.

Section 7. That   36-19-12 be AMENDED:

36-19-12. 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 into contracts and employ necessary personnel to carry out its responsibilities under this chapter;

(4) Communicate disciplinary actions to state and federal authorities and to other state funeral director licensing authorities; and

(5) Perform other duties as necessary to administer this chapter.

Section 8. That chapter 36-19 be amended with a NEW SECTION:

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 of a funeral establishment; and

(5) Establish fees for licensure application and licensure renewal, as provided for in    36-19-25 and 36-19-27.

Section 9. That   36-19-14 be AMENDED:

36-19-14. 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 establishment in this state.

Section 10. That   36-19-18 be AMENDED:

36-19-18. 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.

Section 11. That   36-19-21 be AMENDED:

36-19-21. 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 section 8 of this Act;

(4) Has completed at least ninety credit hours offered by an accredited institution of higher education and obtained a degree or a certificate from a mortuary science or funeral service program that is accredited by the American Board of Funeral Service Education;

(5) Has completed one year as a trainee under a person licensed pursuant to this chapter;

(6) Has passed the national board examination, administered by the International Conference of Funeral Service Examining Board; and

(7) Has not committed any act that constitutes a ground for denying, suspending, or revoking a license under this chapter.

Section 12. That   36-19-25 be AMENDED:

36-19-25. 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 one hundred twenty-five dollars.

Section 13. That   36-19-27 be AMENDED: