Published: 2015
Key Benefits:
[Rev. 9/10/2019 10:51:11 AM]
[NAC-642 Revised Date: 8-19]
CHAPTER 642 - FUNERAL DIRECTORS, FUNERAL ARRANGERS AND EMBALMERS; OPERATORS OF FUNERAL ESTABLISHMENTS, DIRECT CREMATION FACILITIES, CEMETERIES AND CREMATORIES
GENERAL PROVISIONS
642.010 Definitions.
642.015 “Continuing education” defined.
642.020 “Hour of continuing education” defined.
642.030 Funeral establishment: “Inventory of funeral caskets” interpreted.
642.035 Funeral Directors: “Manage” interpreted.
642.040 Apprentice embalmers: “Full-time employees” interpreted.
642.050 Recusal of Board member from proceedings of Board; disclosure required.
LICENSES, PERMITS AND CERTIFICATES
642.080 Temporary authorization to engage in certain regulated activities while application is pending: Issuance; scheduling of application for action by Board.
642.085 Initial assessment of applicant’s good moral character; consideration of aggravating or mitigating factors after initial assessment.
642.090 Funeral director’s license: Transfer to different funeral establishment or direct cremation facility.
642.095 Permit or license to operate funeral establishment, direct cremation facility or crematory: Transfer of business to another location; inspection of new location.
642.100 License to operate crematory: Payment of fees for renewal; application for renewal not accepted after March 1 of even-numbered years.
642.103 Permit to operate funeral establishment or direct cremation facility: Application for renewal not accepted after March 1 of even-numbered years.
642.110 Certificate of authority to operate cemetery: Payment of fees for renewal; application for renewal not accepted after March 1 of even-numbered years.
642.112 Registered apprentice embalmer: Failure to pass examination for licensure within required time frame; reapplication for registration after required waiting period.
642.114 Reinstatement of lapsed license; reapplication required under certain circumstances.
642.116 Funeral directors: Requirements for management of funeral establishment or direct cremation facility; exception.
642.117 Board shall deem incomplete application withdrawn after 2 years.
642.118 Change of name on license, permit or certificate; fee.
CREMATORY CERTIFICATION PROGRAMS; CONTINUING EDUCATION
642.130 Certification program: Requirements for approval; training program may be approved; period of validity.
642.140 Circumstances under which continuing education is automatically approved; application for approval of other courses; credit for completion of certification program or attendance at Board meeting; maintenance of proof of completion; audit by Board during period of renewal; exemption; excess credits do not carry over; disciplinary proceedings authorized for failure to provide proof of completion.
STANDARDS OF PRACTICE
642.150 Location for preparation of funerals.
642.152 Statement of funeral goods and services.
642.154 Disclosure to purchaser of at-need goods or services of location of human remains during storage, embalming or cremation.
642.156 Required disclosure by direct cremation facility; contents of disclosure; prohibition on advertising services outside scope of permit.
642.158 Proper care and storage of human remains.
642.160 Transportation of dead human bodies; exception.
642.161 Funeral establishment must employ or retain licensed embalmer; proof.
642.163 Management of funeral establishment or direct cremation facility must be performed by licensed funeral director.
642.165 Certain functions only to be performed by licensed funeral arranger, funeral director or embalmer.
642.167 Certain functions only to be performed by licensed embalmer or supervised apprentice embalmer.
642.168 Embalmer or registered apprentice required to prepare report after embalming human remains; contents of report.
642.169 Board may issue notice of violation to entity if inspection reveals violation of law; period to correct violation; subsequent inspection; disciplinary proceedings authorized.
642.170 Grounds for disciplinary action: Misrepresentation of certain authority.
PRACTICE BEFORE THE NEVADA FUNERAL AND CEMETERY SERVICES BOARD
642.180 Procedure for disciplinary action.
642.200 Hearings: Location; conduct of participants; filing and service of briefs; continuance.
642.220 Failure to appear at hearing; application to reopen proceedings after failure to appear.
642.225 Oath or affirmation required for testimony.
642.230 Preliminary procedure.
642.235 Order of presentation: Generally.
642.240 Order of presentation: Consolidated hearing.
642.245 Stipulations.
642.250 Official notice by Board.
642.255 Decision or order by Board; service of decision or order; record of hearing.
642.260 Rehearing.
GENERAL PROVISIONS
NAC 642.010 Definitions. (NRS 642.063) As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 642.010 to 642.0175, inclusive, and NAC 642.015 and 642.020, have the meanings ascribed to them in those sections.
(Added to NAC by Funeral Bd. by R043-02, eff. 11-26-2003)
NAC 642.015 “Continuing education” defined. (NRS 642.063) “Continuing education” means educational experiences in the form of a workshop, seminar, lecture, conference, class, meeting of the Board or other course of instruction related to the funeral industry.
(Added to NAC by Funeral and Cemetery Svcs. Bd. by R067-15, eff. 11-2-2016)
NAC 642.020 “Hour of continuing education” defined. (NRS 642.063) “Hour of continuing education” means 50 minutes of participation in continuing education.
(Added to NAC by Funeral and Cemetery Svcs. Bd. by R067-15, eff. 11-2-2016)
NAC 642.030 Funeral establishment: “Inventory of funeral caskets” interpreted. (NRS 642.016, 642.063) The Board interprets the term “inventory of funeral caskets,” as used in NRS 642.016, to mean an inventory that consists of one or more of the following:
1. A complete, full-size funeral casket.
2. A partial funeral casket, or cross section of a funeral casket, that:
(a) Is executed in the same scale as a full-size casket; and
(b) Includes a portion of a complete casket, and each significant feature or component thereof, sufficient to provide a prospective purchaser with information that is reasonably equivalent to that obtainable from inspection of a complete casket.
3. Photographs of one or more caskets available for viewing in the display room by means of a catalog or connection to the Internet.
(Added to NAC by Funeral Bd. by R021-04, eff. 10-31-2005)
NAC 642.035 Funeral Directors: “Manage” interpreted. (NRS 642.063) For the purposes of NRS 642.465, the Board interprets the term “manage” to not include the management of administrative matters, including, without limitation, issues relating to budgeting, accounting, personnel matters and routine clerical matters.
(Added to NAC by Funeral and Cemetery Svcs. Bd. by R067-15, eff. 11-2-2016)
NAC 642.040 Apprentice embalmers: “Full-time employees” interpreted. (NRS 642.063, 642.180) The Board interprets the term “full-time employees,” as used in NRS 642.180, to mean employees who work not less than 32 hours a week.
(Added to NAC by Funeral Bd. by R021-04, eff. 10-31-2005) — (Substituted in revision for NAC 642.300.)
NAC 642.050 Recusal of Board member from proceedings of Board; disclosure required. (NRS 642.063)
1. In addition to any requirements for recusal set forth in chapter 281A of NRS, a member of the Board must recuse himself or herself from proceedings of the Board involving a matter in which the member of the Board:
(a) Has a conflict of interest;
(b) Is unable to participate in a fair and impartial manner; or
(c) Was active in any part of an investigation of the matter.
2. A member of the Board must disclose the reason for the recusal before the Board’s discussion of the matter. Upon recusal, the member of the Board may not participate in the Board’s discussion of the matter or vote on the matter.
(Added to NAC by Funeral and Cemetery Svcs. Bd. by R067-15, eff. 11-2-2016; A by R086-18, 12-19-2018)
LICENSES, PERMITS AND CERTIFICATES
NAC 642.080 Temporary authorization to engage in certain regulated activities while application is pending: Issuance; scheduling of application for action by Board. (NRS 642.063, 642.515)
1. The Chair of the Board will issue a temporary authorization pursuant to NRS 642.515, on behalf of the Board, if the applicant meets the requirements of that section and is applying for:
(a) Approval to manage a funeral establishment or direct cremation facility pursuant to NRS 642.345;
(b) A permit to operate a direct cremation facility pursuant to NRS 642.368;
(c) A permit to operate a funeral establishment pursuant to NRS 642.365; or
(d) A license as an operator of a crematory pursuant to NRS 451.635.
2. The application of an applicant who is issued a temporary authorization pursuant to this section must be placed on the agenda of the meeting of the Board next following the approval of the temporary authorization for action by the Board.
(Added to NAC by Funeral Bd. by R043-02, eff. 11-26-2003; A by Funeral and Cemetery Svcs. Bd. by R067-15, 11-2-2016)
NAC 642.085 Initial assessment of applicant’s good moral character; consideration of aggravating or mitigating factors after initial assessment. (NRS 642.035)
1. In determining whether an applicant is of good moral character for the purpose of the issuance of a license, permit or certificate pursuant to chapter 451, 452 or 642 of NRS, the Board will establish an initial assessment that the person is of good moral character if the person:
(a) Has never been convicted in a court of competent jurisdiction of a category A or B felony;
(b) Has not, within the 7 years immediately preceding the date of application for the issuance of the license, permit or certificate, been convicted in a court of competent jurisdiction of a gross misdemeanor or category C, D or E felony;
(c) Has not, within the 7 years immediately preceding the date of application for the issuance of the license, permit or certificate, been convicted in a court of competent jurisdiction of a misdemeanor that has a reasonable relationship to the person’s license, permit or certificate;
(d) Is not currently incarcerated or on parole or probation after a period of imprisonment in a local, state or federal penal institution;
(e) Has not engaged in fraud or misrepresentation in connection with an application for issuance of a license, permit or certificate issued pursuant to chapter 451, 452 or 642 of NRS or an examination required for issuance of the license, permit or certificate;
(f) Has not, within the 7 years immediately preceding the date of application for the issuance of the license, permit or certificate, had a license, permit or certificate revoked by the Board or by the funeral services licensing authority of any other jurisdiction;
(g) Does not currently hold a suspended license, permit or certificate or has not, within the 2 years immediately preceding the date of application for the issuance of the license, permit or certificate, had a license, permit or certificate suspended by the Board or by the funeral services licensing authority of any other jurisdiction, unless the suspension is pending final adjudication;
(h) Has not, within the 7 years immediately preceding the date of application for the issuance of the license, permit or certificate, surrendered a license, permit or certificate to the Board or the funeral licensing authority of any other jurisdiction in lieu of disciplinary action; and
(i) Has not practiced funeral directing or embalming without a license in this State or any other jurisdiction that requires licensure to perform those activities.
2. After establishing an initial assessment regarding whether an applicant is of good moral character, the Board will consider any aggravating or mitigating factors to determine whether the applicant is of good moral character for the purpose of the issuance of a license, permit or certificate pursuant to chapter 451, 452 or 642 of NRS.
(Added to NAC by Funeral and Cemetery Svcs. Bd. by R067-15, eff. 11-2-2016)
NAC 642.090 Funeral director’s license: Transfer to different funeral establishment or direct cremation facility. (NRS 642.063, 642.345)
1. A person who is licensed as a funeral director may apply to the Board for approval to transfer the person’s license from the funeral establishment or direct cremation facility which he or she has been approved to manage to a different funeral establishment or direct cremation facility.
2. An application submitted pursuant to this section must be on a form provided by the Board and must be accompanied by:
(a) Payment or proof of payment of the renewal fee or the transfer fee set forth in NRS 642.0696; and
(b) Proof satisfactory to the Board that the funeral establishment or direct cremation facility to which the applicant wishes to transfer has a valid permit to operate a funeral establishment or direct cremation facility.
3. Upon receipt and approval of the items described in subsection 2, the Board will approve a transfer pursuant to this section.
4. Upon approval by the Board of a transfer pursuant to this section, the applicant may not manage the funeral establishment or direct cremation facility from which the applicant’s license was transferred unless he or she has otherwise been approved by the Board to manage more than one funeral establishment or direct cremation facility pursuant to subsection 2 of NRS 642.345.
(Added to NAC by Funeral Bd. by R043-02, eff. 11-26-2003; A by Funeral and Cemetery Svcs. Bd. by R067-15, 11-2-2016)
NAC 642.095 Permit or license to operate funeral establishment, direct cremation facility or crematory: Transfer of business to another location; inspection of new location. (NRS 642.063)
1. If the holder of a permit or license, as applicable, to operate a funeral establishment, direct cremation facility or crematory wishes to transfer his or her established place of business to another location, the holder of the permit or license must:
(a) Notify the Board at least 30 days before changing the location of the funeral establishment, direct cremation facility or crematory;
(b) Apply to the Board on a form prescribed by the Board for a transfer of the permit or license to the new location; and
(c) Pay the applicable fee prescribed in NRS 642.0696.
2. The Board will cause the premises of the new location to be inspected within 30 days after the receipt of notification pursuant to subsection 1 and before approving the transfer of the permit or license to the new location and issuing a revised permit or license indicating that the funeral establishment, direct cremation facility or crematory is being operated at the new location.
3. The holder of the permit or license must not conduct business at the new location until he or she has been issued a revised permit or license by the Board indicating that the funeral establishment, direct cremation facility or crematory is being operated at the new location.
(Added to NAC by Funeral and Cemetery Svcs. Bd. by R067-15, eff. 11-2-2016)
NAC 642.100 License to operate crematory: Payment of fees for renewal; application for renewal not accepted after March 1 of even-numbered years. (NRS 642.063, 642.069)
1. On or before January 1 of each even-numbered year, a person who is licensed to operate a crematory pursuant to chapter 451 of NRS shall pay the fee set forth in NRS 642.0696 to renew his or her license. If the person does not pay the required fee before February 1 of that even-numbered year, the licensee shall pay the late fee set forth in NRS 642.0696 in addition to the renewal fee.
2. The Board will not accept an application for the renewal of a license to operate a crematory submitted after March 1 of an even-numbered year.
(Added to NAC by Bd. of Funeral Dir., Embalmers, Cemeteries & Crematories, eff. 11-1-95; A by Funeral Bd. by R043-02, 11-26-2003; A by Funeral and Cemetery Svcs. Bd. by R067-15, 11-2-2016)
NAC 642.103 Permit to operate funeral establishment or direct cremation facility: Application for renewal not accepted after March 1 of even-numbered years. (NRS 642.063) The Board will not accept an application for renewal of a permit to operate a funeral establishment or direct cremation facility submitted after March 1 of an even-numbered year.
(Added to NAC by Funeral and Cemetery Svcs. Bd. by R067-15, eff. 11-2-2016)
NAC 642.110 Certificate of authority to operate cemetery: Payment of fees for renewal; application for renewal not accepted after March 1 of even-numbered years. (NRS 642.063, 642.069)
1. On or before January 1 of each even-numbered year, a person who holds a certificate of authority to operate a cemetery issued pursuant to chapter 452 of NRS shall pay the fee set forth in NRS 642.0696 to renew the certificate. If he or she does not pay the required fee before February 1 of that even-numbered year, the holder of the certificate shall pay the late fee set forth in NRS 642.0696 in addition to the renewal fee.
2. The Board will not accept an application for the renewal of a certificate of authority to operate a cemetery submitted after March 1 of an even-numbered year.
(Added to NAC by Bd. of Funeral Dir., Embalmers, Cemeteries & Crematories, eff. 11-1-95; A by Funeral Bd. by R043-02, 11-26-2003; A by Funeral and Cemetery Svcs. Bd. by R067-15, 11-2-2016)
NAC 642.112 Registered apprentice embalmer: Failure to pass examination for licensure within required time frame; reapplication for registration after required waiting period. (NRS 642.063)
1. A person who holds a certificate of registration as a registered apprentice and does not successfully pass the examination for a license to practice the profession of embalming within a period of 2 consecutive years as required by NRS 642.300 must wait at least 1 year after the expiration of that period before reapplying for a new certificate of registration as a registered apprentice pursuant to NRS 642.190.
2. The Board will not give a person any credit toward the 1 year of apprenticeship required for a license to practice the profession of embalming for any time spent on the initial apprenticeship described in subsection 1.
(Added to NAC by Funeral and Cemetery Svcs. Bd. by R067-15, eff. 11-2-2016)
NAC 642.114 Reinstatement of lapsed license; reapplication required under certain circumstances. (NRS 642.063) If a funeral arranger, funeral director or embalmer has for any reason allowed his or her license as a funeral arranger, funeral director or embalmer, respectively, to lapse:
1. For a period of not more than 3 years, the Board may reinstate the license:
(a) Of a funeral director as provided in NRS 642.440.
(b) Of a funeral arranger or embalmer in the same manner as provided for a funeral director in NRS 642.440.
2. For a period of more than 3 years, the funeral arranger, funeral director or embalmer must reapply for a license as a new applicant unless the license of the funeral arranger, funeral director or embalmer has been placed on inactive status.
(Added to NAC by Funeral and Cemetery Svcs. Bd. by R067-15, eff. 11-2-2016)
NAC 642.116 Funeral directors: Requirements for management of funeral establishment or direct cremation facility; exception. (NRS 642.063)
1. Except as otherwise provided in subsection 4, the Board will not grant the approval required by NRS 642.345 for a funeral director to manage a funeral establishment or direct cremation facility unless the funeral director will be reasonably available at the funeral establishment or direct cremation facility during regular business hours. For the purposes of this subsection, a funeral director is presumed to be reasonably available at the funeral establishment or direct cremation facility if the funeral director resides not more than 120 miles from the premises of the funeral establishment or direct cremation facility.
2. Except as otherwise provided in subsection 4, the Board will not grant the approval required by NRS 642.345 for a funeral director to manage more than one funeral establishment or direct cremation facility unless the premises of each funeral establishment or direct cremation facility are located less than 120 miles apart.
3. Except as otherwise provided in subsection 4, the Board will not grant approval for a funeral director to manage more than a total of three places of business, including each funeral establishment and direct cremation facility managed by the funeral director.
4. The Board may grant an exception to the provisions of this section if the Board determines that such an exception is in the best interests of the public.
(Added to NAC by Funeral and Cemetery Svcs. Bd. by R067-15, eff. 11-2-2016)
NAC 642.117 Board shall deem incomplete application withdrawn after 2 years. (NRS 642.063) The Board will consider an application for the issuance of a license, permit or certificate pursuant to chapter 451, 452 or 642 of NRS to be withdrawn if the Board has not received the information and fees required to complete the application within 2 years after the date on which the application is first submitted to the Board.
(Added to NAC by Funeral and Cemetery Svcs. Bd. by R067-15, eff. 11-2-2016)
NAC 642.118 Change of name on license, permit or certificate; fee. (NRS 642.063) If the name of a holder of a license, permit or certificate issued by the Board pursuant to chapter 451, 452 or 642 of NRS is changed, the licensee, permittee or holder of the certificate must:
1. Apply to the Board for a revised license, permit or certificate on a form prescribed by the Board; and
2. Pay the applicable fee prescribed in NRS 642.0696.
(Added to NAC by Funeral and Cemetery Svcs. Bd. by R067-15, eff. 11-2-2016)
CREMATORY CERTIFICATION PROGRAMS; CONTINUING EDUCATION
NAC 642.130 Certification program: Requirements for approval; training program may be approved; period of validity. (NRS 642.063)
1. The Board will approve a crematory certification program as required pursuant to NRS 451.635 if the program:
(a) Is at least 6 hours in length;
(b) Is offered on a national level by persons who are generally recognized as having expertise in the field of crematory services; and
(c) Includes, at a minimum, instruction in:
(1) Best practices relating to crematory services;
(2) Terminology relevant to crematory services;
(3) The principles of combustion;
(4) The operation of crematory equipment; and
(5) The filing of forms and other duties concerning keeping a record relating to crematory services.
2. The Board may approve a training program provided by a manufacturer of crematory equipment as a crematory certification program only if the training program satisfies the requirements of subsection 1.
3. If the Board approves a crematory certification program pursuant to this section, the approval is valid for 5 years.
4. A person who physically operates the crematory equipment in a crematory is not required to complete a crematory certification program approved by the Board pursuant to this section more than once.
(Added to NAC by Funeral and Cemetery Svcs. Bd. by R067-15, eff. 11-2-2016)
NAC 642.140 Circumstances under which continuing education is automatically approved; application for approval of other courses; credit for completion of certification program or attendance at Board meeting; maintenance of proof of completion; audit by Board during period of renewal; exemption; excess credits do not carry over; disciplinary proceedings authorized for failure to provide proof of completion. (NRS 642.063, 642.115, 642.120, 642.416, 642.455)
1. The hours of continuing education completed to fulfill the requirements set forth in NRS 642.120 and 642.416 do not need to be submitted to the Board for approval and are automatically approved if the continuing education is:
(a) Approved by the Academy of Professional Funeral Service Practice;
(b) Sponsored by a national or state organization or association that administers training relating to the funeral industry; or
(c) Offered by a provider of continuing education who is approved by the Board.
2. Any continuing education that does not satisfy the requirements set forth in subsection 1 must be approved by the Board. Such approval may be obtained by applying to the Board on a form prescribed by the Board which includes, without limitation:
(a) An outline of the course;
(b) The qualifications of each presenter; and
(c) An agenda detailing the dates and times of each segment of the continuing education.
3. A licensee may obtain credit toward the required hours of continuing education by completing a crematory certification program approved by the Board pursuant to NAC 642.130.
4. A licensee may complete not more than 4 hours of continuing education per each period of renewal by attending, in person, a meeting of the Board if the Executive Director or a member of the Board provides the licensee at the conclusion of the meeting signed documentation of the licensee’s attendance at that meeting.
5. Pursuant to NRS 642.120 and 642.416, proof of completion of continuing education must be maintained by the licensee for 5 years.
6. The Board will audit a percentage of licensees during each period of renewal by requiring those licensees to submit proof of completion of the required hours of continuing education before the Board issues a renewal of the licenses of those licensees.
7. Any licensee whose license is placed on inactive status is exempt from the requirements of continuing education while the license is placed on inactive status. If such a licensee subsequently wishes to reactivate his or her license pursuant to NRS 642.115 or 642.455, the licensee must provide proof to the Board of completion of 12 hours of continuing education within the 2 years immediately preceding the date of application for reactivation of the license.
8. Any hours of continuing education completed during a renewal period which are in excess of the number of hours required to comply with the requirements of NRS 642.120 or 642.416 do not carry over to any subsequent renewal period.
9. The Board may initiate disciplinary proceedings against a licensee pursuant to NRS 642.130 or 642.5175, based on the failure of the licensee to provide, upon request, proof of completion of continuing education as required by NRS 642.120 and 642.416.
(Added to NAC by Funeral and Cemetery Svcs. Bd. by R067-15, eff. 11-2-2016; A by R086-18, 12-19-2018)
STANDARDS OF PRACTICE
NAC 642.150 Location for preparation of funerals. (NRS 642.063, 642.340)
1. Except as otherwise provided in subsection 2, a licensed funeral director shall not engage in the business of preparing for funerals at a place of business which is not the specific street address or location of the fixed place or establishment where the funeral director conducts his or her business.
2. Upon the request of a member of the family of a dead person, a funeral director may prepare for a funeral at the home of a member of the family or another location designated by a member of the family.
(Added to NAC by Bd. of Funeral Dir., Embalmers, Cemeteries & Crematories, eff. 11-1-95) — (Substituted in revision for NAC 642.115)
NAC 642.152 Statement of funeral goods and services. (NRS 642.063) The statement of funeral goods and services selected that is required to be provided by a funeral provider pursuant to 16 C.F.R. § 453.2(b)(5) must:
1. Be signed by the licensed funeral arranger, funeral director or embalmer who made the arrangements for the funeral or other disposition of the human remains of the deceased person; and
2. Include the license number of the funeral arranger, funeral director or embalmer who made the arrangements.
(Added to NAC by Funeral and Cemetery Svcs. Bd. by R067-15, eff. 11-2-2016)
NAC 642.154 Disclosure to purchaser of at-need goods or services of location of human remains during storage, embalming or cremation. (NRS 642.063)
1. A funeral establishment or direct cremation facility must make a reasonable effort to disclose, in writing, to a person who purchases at-need goods or services from the funeral establishment or direct cremation facility, the location at which the human remains of the deceased person will be stored, embalmed or cremated.
2. As used in this section, “at-need” means at the time the goods or services are needed.
(Added to NAC by Funeral and Cemetery Svcs. Bd. by R067-15, eff. 11-2-2016)
NAC 642.156 Required disclosure by direct cremation facility; contents of disclosure; prohibition on advertising services outside scope of permit. (NRS 642.063)
1. Before providing direct cremation services, a direct cremation facility must provide a disclosure to the person who is arranging for the direct cremation of human remains of a deceased person. The disclosure must be signed by the person who is arranging for the direct cremation and must state, without limitation, that the direct cremation facility is unable to:
(a) Provide any rites or ceremonies in connection with the final disposition of the human remains of the deceased person;
(b) Provide facilities to conduct rites or ceremonies in connection with the final disposition of the human remains of the deceased person;
(c) Embalm the human remains of the deceased person;
(d) Provide a burial service for the human remains of the deceased person; or
(e) Provide for a viewing, other than an identification viewing, of the human remains of the deceased person.
2. In accordance with NRS 642.5172, a direct cremation facility must not be listed in any advertisement or notice published in a newspaper which indicates or implies that the direct cremation facility is providing any services outside the scope of its permit.
3. As used in this section, “identification viewing” means the viewing of human remains for identification purposes, for a period of time not to exceed 1 hour, by a person who is potentially capable of identifying the human remains.
(Added to NAC by Funeral and Cemetery Svcs. Bd. by R067-15, eff. 11-2-2016)
NAC 642.158 Proper care and storage of human remains. (NRS 642.063)
1. Each holder of a license, permit or certificate issued by the Board pursuant to chapter 451, 452 or 642 of NRS shall ensure that human remains are treated with dignity and respect at all times.
2. Human remains must be clothed or completely covered while the human remains are being refrigerated and after the human remains have been embalmed.
3. Human remains, or human remains which have been placed in a minimal container, body bag or casket, must not be placed or stored directly on the floor of any room used to store human remains. For the purposes of this subsection, “floor of any room” includes the floor of a room which is part of a refrigeration unit.
4. Human remains must be stored and transported face up at all times.
5. Human remains, or human remains which have been placed in a minimal container, body bag or casket, must not be placed on other human remains, or human remains which have been placed in a minimal container, body bag or casket, for the purpose of storage or transportation.
6. The premises of any location where human remains are stored must be maintained in a sanitary and professional manner.
(Added to NAC by Funeral and Cemetery Svcs. Bd. by R067-15, eff. 11-2-2016; A by R086-18, 12-19-2018)
NAC 642.160 Transportation of dead human bodies; exception. (NRS 451.640, 642.063)
1. A licensed funeral director, or a person designated by the licensed funeral director to act on behalf of the licensed funeral director, may transport a dead human body if it is embalmed and prepared by a licensed embalmer.
2. A licensed funeral director, or a person designated by the licensed funeral director to act on behalf of the licensed funeral director, may transport a dead human body that is not embalmed if the body is:
(a) Sealed in a container that is approved by the Board; and
(b) Transported in a properly licensed motor vehicle or aircraft owned, operated, chartered or leased by a licensed funeral director or mortuary.
3. A licensed funeral director, or a person designated by the licensed funeral director to act on behalf of the licensed funeral director, may, without complying with the provisions of subsection 1 or 2, transport a dead human body from a location inside this State or within 90 miles of this State to any other location inside this State or within 90 miles of this State.
(Added to NAC by Funeral Bd. by R021-04, eff. 10-31-2005; A by Funeral and Cemetery Svcs. Bd. by R067-15, 11-2-2016)
NAC 642.161 Funeral establishment must employ or retain licensed embalmer; proof. (NRS 642.063)
1. Every funeral establishment must employ, or retain on a contract basis, a licensed embalmer.
2. The holder of a permit to operate a funeral establishment shall, upon request, furnish proof to the Board that the funeral establishment is in compliance with the provisions of subsection 1.
(Added to NAC by Funeral and Cemetery Svcs. Bd. by R067-15, eff. 11-2-2016)
NAC 642.163 Management of funeral establishment or direct cremation facility must be performed by licensed funeral director. (NRS 642.063)
1. The managing of a funeral establishment or direct cremation facility as required pursuant to NRS 642.465 may only be performed by a licensed funeral director.
2. A licensed funeral director shall ensure that the funeral establishment or direct cremation facility he or she manages complies with applicable state and federal law concerning the transportation of human remains of a deceased person into or out of this State.
(Added to NAC by Funeral and Cemetery Svcs. Bd. by R067-15, eff. 11-2-2016)
NAC 642.165 Certain functions only to be performed by licensed funeral arranger, funeral director or embalmer. (NRS 642.063)
1. The following functions may be performed only by a licensed funeral arranger, funeral director or embalmer:
(a) Selling or offering to sell at-need funeral services, embalming, cremation or other services relating to the disposition of human remains of a deceased person on an at-need basis.
(b) Planning or arranging the details of at-need funeral services, embalming, cremation or other services relating to the disposition of human remains of a deceased person with families or other persons authorized pursuant to NRS 451.024 to order the disposition of the decedent’s remains.
(c) Negotiating the financial arrangements for funeral services, embalming, cremation or other services relating to the disposition of human remains of a deceased person on an at-need basis.
2. As used in this section, “at-need” means at the time the goods or services are needed.
(Added to NAC by Funeral and Cemetery Svcs. Bd. by R067-15, eff. 11-2-2016)
NAC 642.167 Certain functions only to be performed by licensed embalmer or supervised apprentice embalmer. (NRS 642.063)
1. The following functions may be performed only by a licensed embalmer or an apprentice embalmer under the direct supervision of a licensed embalmer:
(a) The injection of any disinfecting or preservation solutions into human remains of a deceased person;
(b) The aspiration of any fluids from the abdominal or thoracic cavities of human remains of a deceased person;
(c) The mechanical setting of the features of human remains of a deceased person which requires the use of instruments or sutures;
(d) The suturing of human remains of a deceased person; and
(e) Completing any postautopsy or postaccident restoration of human remains of a deceased person.
2. Nothing in this section restricts the authority of a coroner or medical examiner concerning human remains of a deceased person that are under the jurisdiction of the coroner or medical examiner.
(Added to NAC by Funeral and Cemetery Svcs. Bd. by R067-15, eff. 11-2-2016)
NAC 642.168 Embalmer or registered apprentice required to prepare report after embalming human remains; contents of report. (NRS 642.063)
1. A licensed embalmer or his or her registered apprentice shall prepare a report within 24 hours after embalming a deceased person’s remains. The report must include, without limitation, the time period elapsed between the death of the deceased person and the embalming of the deceased person’s remains, a description of the condition of the remains before and after embalming and the procedures used to embalm the remains.
2. The report must be signed by the licensed embalmer or the registered apprentice who embalmed the deceased person’s remains.
(Added to NAC by Funeral and Cemetery Svcs. Bd. by R067-15, eff. 11-2-2016)
NAC 642.169 Board may issue notice of violation to entity if inspection reveals violation of law; period to correct violation; subsequent inspection; disciplinary proceedings authorized. (NRS 642.063)
1. If an inspection of a funeral establishment, direct cremation facility, crematory or cemetery conducted pursuant to NRS 642.067, 642.368 or 642.435 reveals that the funeral establishment, direct cremation facility, crematory or cemetery is in violation of any provision of this chapter or chapter 451, 452 or 642 of NRS, the Board may issue a notice of violation to the licensee, permittee or holder of the certificate, as applicable. The notice of violation must:
(a) Be in writing and describe with particularity the nature of the violation; and
(b) Indicate that the licensee, permittee or holder of the certificate is given a 30-day period after receipt of the notice to correct the violation.
2. If a notice of violation is issued pursuant to subsection 1, an inspector of the Board will verify compliance by the licensee, permittee or holder of the certificate, as applicable, with the applicable provisions of this chapter or chapter 451, 452 or 642 of NRS in a subsequent inspection.
3. The Board may initiate disciplinary proceedings against the licensee, permittee or holder of the certificate, as applicable, pursuant to NRS 642.130 or 642.5175 or NAC 642.180 based on any acts or violations found during an inspection or, if a notice of violation is issued pursuant to subsection 1, any violations that the licensee, permittee or holder of the certificate failed to correct within the period set forth in the notice of violation. The disciplinary proceedings must be initiated in accordance with:
(a) The provisions of chapters 233B and 622A of NRS and NRS 241.034; or
(b) If disciplinary proceedings are initiated pursuant to NRS 642.518, the provisions of that section.
(Added to NAC by Funeral and Cemetery Svcs. Bd. by R067-15, eff. 11-2-2016; A by R086-18, 12-19-2018)
NAC 642.170 Grounds for disciplinary action: Misrepresentation of certain authority. (NRS 642.063, 642.515, 642.5175)
1. For the purpose of taking disciplinary action, pursuant to NRS 642.5175, the term:
(a) “Unprofessional conduct” includes, in addition to the conduct set forth in NRS 642.5174, stating or implying that the holder of the license, certificate or permit is willing to carry out a duty for which a license, certificate or permit is required pursuant to chapter 451, 452 or 642 of NRS if that duty is not authorized by the holder’s license, certificate or permit. For example, advertising in any form, including, without limitation, signs, telephone books, newspapers, messages conveyed by telephone, television, electronic mail and other electronic or photographic means, that states or implies that a proposed funeral establishment, direct cremation facility, crematory or cemetery is an operating funeral establishment, direct cremation facility, crematory or cemetery before the Board has issued all licenses, certificates and permits necessary for the operation of the funeral establishment, direct cremation facility, crematory or cemetery.
(b) “False or misleading advertising” includes, in addition to the conduct set forth in NRS 642.5172, advertising that states or implies that the holder of the license, certificate or permit is willing to carry out a duty for which a license, certificate or permit is required pursuant to chapter 451, 452 or 642 of NRS if that duty is not authorized by the holder’s license, certificate or permit. For example, advertising in any form, including, without limitation, signs, telephone books, newspapers, messages conveyed by telephone, television, electronic mail and other electronic or photographic means, that states or implies that a proposed funeral establishment, direct cremation facility, crematory or cemetery is an operating funeral establishment, direct cremation facility, crematory or cemetery before the Board has issued all licenses, certificates and permits necessary for the operation of the funeral establishment, direct cremation facility, crematory or cemetery.
2. For the purposes of this section, an applicant for a license, certificate or permit who obtains, pursuant to NRS 642.515, a temporary authorization to carry out the duties authorized by the license, certificate or permit for which he or she has applied shall be deemed a holder of that license, certificate or permit.
(Added to NAC by Funeral Bd. by R021-04, eff. 10-31-2005; A by Funeral and Cemetery Svcs. Bd. by R067-15, 11-2-2016)
PRACTICE BEFORE THE NEVADA FUNERAL AND CEMETERY SERVICES BOARD
NAC 642.180 Procedure for disciplinary action. (NRS 642.060, 642.063)
1. Any person may file an informal complaint with the Board concerning the acts of a licensee or services provided by a licensee. Such an informal complaint filed with the Board must be on a form provided by the Board and include information that is sufficiently detailed to enable the respondent to prepare a response.
2. Upon receipt of an informal complaint, the staff shall examine the complaint to determine whether it:
(a) Has been properly verified; and
(b) Alleges sufficient facts to warrant further proceedings.
3. If the staff determines that the informal complaint against a licensee has been properly verified and alleges sufficient facts to warrant further proceedings, the staff shall notify the respondent by sending a summary of the informal complaint to the licensee by certified mail. The notification must set forth the potential violations of a provision of this chapter or chapter 451 or 452 of NAC or chapter 451, 452 or 642 of NRS arising in the informal complaint and request a response for the review by the Board before a hearing is set. The transmission of the summary of the informal complaint will be deemed to be a notice of intended action pursuant to subsection 3 of NRS 233B.127.
4. Upon the receipt of a summary of an informal complaint that has been filed against him or her, a licensee shall submit to the Board a written response to the informal complaint within 15 days after the date on which the informal complaint was served. A response to an informal complaint must respond to the allegations made in the informal complaint and be accompanied by all documentation that would be useful to the staff and legal counsel in their review of the allegations made in the informal complaint and the responses made by the licensee to those allegations. Failure by a licensee to cooperate with the Board during an investigation of an informal complaint, including, without limitation, failing to respond timely to the Board regarding a summary of the informal complaint sent to the licensee by the staff pursuant to this subsection, is a ground for disciplinary action by the Board against the licensee.
5. If a licensee fails to respond as required pursuant to subsection 4, he or she shall be deemed to have admitted the allegations in the informal complaint. Based on these admissions, the Board may impose appropriate discipline on the licensee at the hearing on the informal complaint.
6. In cases where a response is filed as required pursuant to subsection 4, the staff shall review the informal complaint and the responses made thereto, may enlist the aid of a member of the Board or other qualified persons in the review and may take any other reasonable action necessary to further the review. After their review of the informal complaint and the responses made thereto, the staff may:
(a) Investigate the allegations and employ such persons as they deem necessary to further the investigations;
(b) Consult with experts in the appropriate field, including, without limitation, employing such persons for the purposes of an investigation or a hearing;
(c) Investigate new leads and allegations that may come to their knowledge in the course of the investigation;
(d) Enlist the aid of a member of the Board or other qualified person in the conduct of the investigation; and
(e) Take any other reasonable action necessary to further the investigation.
7. During an investigation of an informal complaint, the staff, or investigator, if any, may demand that a licensee produce his or her records or other evidence for inspection or copying, with or without prior notice to the licensee, and with or without a subpoena. A licensee shall not deny any such request for records or other evidence if such records or other evidence is not protected by a claim of confidentiality authorized by law. If a licensee refuses or fails to cooperate with a request for records in violation of this subsection, the Board may immediately suspend his or her license or certificate until the licensee complies with the request for records or other evidence. If the licensee continues to refuse or fail to cooperate with a request for records or other evidence in violation of this section, the Board may take such further disciplinary action against the licensee as the Board determines necessary.
8. If the staff, or investigator, if any, determines that a specific record or other specific evidence is material to or necessary for an investigation, the staff or investigator may remove the record or evidence and provide a copy of the record or evidence to the respondent. If a record or other evidence can be readily copied at the location where the record or evidence is located, the staff or investigator shall make a copy of the record and evidence at that location. If a record or other evidence cannot be readily copied at the location where the record or evidence is located, the staff or investigator may remove the record or evidence from that location to copy the record or evidence. If the staff or investigator removes a record or other evidence to be copied, the staff or investigator shall provide the person to whom the record or evidence being removed belongs with a receipt for the record or evidence and, not later than 5 business days after the record or evidence is removed, provide a copy of the record or evidence to that person.
9. When an investigation of an informal complaint is complete, the staff, and investigator, if any, shall determine whether substantial evidence exists to sustain the alleged violation of a statute or regulation set forth in the informal complaint. If the staff and investigator determine that no allegation of a violation of a statute or regulation set forth in the informal complaint can be sustained, the staff shall notify, in writing, the complainant and the respondent of this determination. If the staff and investigator determine that a violation of a statute or regulation as alleged in the informal complaint can be sustained, the staff and investigator shall inform the legal counsel of such a determination. The legal counsel shall:
(a) Offer mediation to the respondent, a settlement agreement, stipulation of facts and liability or an informal hearing; or
(b) Prepare a notice of hearing and a formal complaint.
10. A notice of hearing and a formal complaint must:
(a) Be a plain statement of the facts and applicable provisions of statutes and regulations regarding the alleged acts of the respondent alleged to be in violation of the statutes and regulations governing the profession of the licensee;
(b) Include the date, time and place that the Board will hear the matter, if this information is known at the time when the notice of hearing and a formal complaint is sent to the respondent; and
(c) Be signed by the legal counsel and, if a member of the Board was active in the investigation, by that member of the Board.
11. The staff shall send, by certified mail, a notice of hearing and a formal complaint prepared pursuant to subsection 10 to the respondent named in the notice of hearing and the formal complaint.
12. A respondent who receives a notice of hearing and a formal complaint shall file his or her answer to the notice of hearing and the formal complaint not later than 15 days after the date on which the respondent received the notice of hearing and the formal complaint. An answer to a notice of hearing and a formal complaint filed by a respondent must include a response to each allegation and statement made in the notice of hearing and the formal complaint by either admitting to or denying the allegation or statement. If the licensee fails to file an answer as required pursuant to this subsection, the licensee shall be deemed to have admitted each allegation and statement contained in the notice of hearing and the formal complaint. Based on these admissions, the Board may enter a finding and impose appropriate discipline on the licensee in the same manner as if the allegations had been proven by substantial evidence at a hearing of the Board held on the formal complaint.
13. Not later than 10 days after the filing of the response by the respondent, the legal counsel and the respondent shall exchange a list of the evidence and witnesses that will be used at the hearing. A party may not present evidence it obtains after the date the exchange was required pursuant to this subsection unless it demonstrates to the Board that the evidence or witness was not available upon diligent investigation before the date the exchange was required and that the evidence or witness was given or communicated to the other party immediately after it was obtained.
14. The Board may join two or more formal complaints into one formal complaint if:
(a) The causes of action of each formal complaint are against the same person and deal with substantially the same or similar violations of statutes and regulations; and
(b) The joining of the formal complaints will serve the best interest of the Board, complainant and respondent.
15. A petition filed pursuant to NRS 642.5178 will be processed pursuant to the provisions of this section.
16. As used in this section:
(a) “Legal counsel” means the legal counsel of the Board.
(b) “Licensee” means a person licensed by the Board or holding a certificate or permit issued pursuant to the provisions of chapter 451, 452 or 642 of NRS.
(c) “Staff” means the staff of the Board.
(Added to NAC by Funeral Bd. by R043-02, eff. 11-26-2003; A by Funeral and Cemetery Svcs. Bd. by R067-15, 11-2-2016)
NAC 642.200 Hearings: Location; conduct of participants; filing and service of briefs; continuance. (NRS 642.060, 642.063)
1. All hearings conducted by the Board pursuant to NRS 642.140 or 642.5178 will be held at a place in the State designated by the Board in the notice of the hearing.
2. All persons who attend a hearing shall conduct themselves in a respectful manner.
3. The Board may require each party to file a brief accompanied by proof of service of the brief to the opposing party.
4. Before or during a hearing, the Board may grant a continuance of a hearing, upon proper showing, to allow submission of additional evidence concerning any relevant matter.
(Added to NAC by Bd. of Funeral Dir., Embalmers, Cemeteries & Crematories, eff. 11-1-95)
NAC 642.220 Failure to appear at hearing; application to reopen proceedings after failure to appear. (NRS 642.060, 642.063)
1. If a person against whom a charge or petition was filed does not appear at a hearing and a continuance has not been approved by the Board, the Board may hear the testimony of witnesses present at the hearing and consider and dispose of the charge or petition on the basis of the evidence before it.
2. If a person does not appear at a hearing because of illness, involvement in an accident, or for other reasonable cause, the person may within 15 days after the date of the hearing apply to the Secretary of the Board to reopen the proceedings. If the Board determines that the reason for the absence was sufficient and reasonable, it will immediately set a time and place for a hearing and give the person notice of the hearing.
(Added to NAC by Bd. of Funeral Dir., Embalmers, Cemeteries & Crematories, eff. 11-1-95)
NAC 642.225 Oath or affirmation required for testimony. (NRS 642.060, 642.063) All testimony considered by the Board at a hearing, except facts which have been noticed by the Board or entered into the record by stipulation of the parties, must be sworn testimony. Each witness shall declare, by oath or affirmation, that he or she will testify truthfully.
(Added to NAC by Bd. of Funeral Dir., Embalmers, Cemeteries & Crematories, eff. 11-1-95)
NAC 642.230 Preliminary procedure. (NRS 642.060, 642.063) The member of the Board who is presiding at a hearing will call the hearing to order, take the appearances of the parties and act upon any pending motions or petitions. The parties may then make opening statements.
(Added to NAC by Bd. of Funeral Dir., Embalmers, Cemeteries & Crematories, eff. 11-1-95)
NAC 642.235 Order of presentation: Generally. (NRS 642.060, 642.063)
1. Evidence at a hearing will ordinarily be received from the parties in the following order:
(a) The Board or person who filed the charge or petition.
(b) Members of the staff of the Board, if different from the petitioner.
(c) The respondent.
(d) Rebuttal by the person who filed the charge or petition.
(e) If permitted by the Board, closing statements.
2. The Board may modify the order in which evidence is received.
(Added to NAC by Bd. of Funeral Dir., Embalmers, Cemeteries & Crematories, eff. 11-1-95)
NAC 642.240 Order of presentation: Consolidated hearing. (NRS 642.060, 642.063) The member of the Board presiding over a consolidated hearing will determine the order of evidence for the hearing.
(Added to NAC by Bd. of Funeral Dir., Embalmers, Cemeteries & Crematories, eff. 11-1-95; A by Funeral Bd. by R043-02, 11-26-2003)
NAC 642.245 Stipulations. (NRS 642.060, 642.063) The Board may allow the parties to stipulate to any fact at issue in the hearing, either by written stipulation introduced in evidence as an exhibit or by an oral agreement stipulated in the record. A stipulation is binding upon all parties who stipulated to the fact and will be treated as evidence at the hearing, except that the Board may require evidence of the facts stipulated to by the parties.
(Added to NAC by Bd. of Funeral Dir., Embalmers, Cemeteries & Crematories, eff. 11-1-95)
NAC 642.250 Official notice by Board. (NRS 642.060, 642.063) In addition to the facts which may be noticed pursuant to NRS 233B.123, the Board may take notice of any regulations, official reports, decisions, orders, standards or records of the Board, any agency of the State or any court.
(Added to NAC by Bd. of Funeral Dir., Embalmers, Cemeteries & Crematories, eff. 11-1-95)
NAC 642.255 Decision or order by Board; service of decision or order; record of hearing. (NRS 642.060, 642.063)
1. A charge or petition stands submitted for a decision by the Board after the hearing is complete.
2. Except as otherwise provided by specific statute, a decision or order will be rendered by the Board within 90 days after completion of the hearing.
3. The Board will serve a decision or order on the parties or their representatives by sending a copy by certified mail or by personal service. Additional copies of the decision or order may be obtained upon written request to the Board.
4. A person may obtain a copy of the record of the hearing from the Board.
(Added to NAC by Bd. of Funeral Dir., Embalmers, Cemeteries & Crematories, eff. 11-1-95)
NAC 642.260 Rehearing. (NRS 642.060, 642.063)
1. Within 15 days after the Board renders a decision or order, the aggrieved party may apply for a rehearing by filing a written petition which sets forth the grounds for a rehearing. While the petition for a rehearing is pending, the aggrieved party shall comply with the decision or order of the Board, except upon order of the Board.
2. The Board will make a decision on a petition for a rehearing within 30 days after the effective date of the order or decision upon which the rehearing is requested. If the Board does not make a decision on the petition for a rehearing within 30 days, the petition shall be deemed denied.
3. The Board may order a rehearing on its own motion within 30 days after it renders a decision if it discovers that a mistake, fraud or misconception of fact existed when it rendered the original decision or order.
4. The Board will conduct a rehearing in accordance with the procedure for hearings.
(Added to NAC by Bd. of Funeral Dir., Embalmers, Cemeteries & Crematories, eff. 11-1-95)
