South Dakota Codified Laws
Chapter 19 - Funeral Directors And Establishments
Section 36-19-1 - Definition of terms.

36-19-1. Definition of terms.
Terms used in this chapter mean:
(1)"Board," the Board of Funeral Service;
(1A)"Branch chapel," a separate facility with a visitation room or chapel where no embalming is permitted that is owned by, a subsidiary of, or otherwise financially connected to or controlled by a licensed funeral establishment;
(2)"Embalmer," any person engaged in or conducting, or holding the person out as engaged in or conducting, the business of disinfecting, preserving, or both, or attempting to disinfect or preserve, or both, or cremate, dead human bodies, in whole or in part by use of chemicals externally, internally or by other methods, as approved by the department of health;
(3)"Funeral director," any person, partnership, limited liability company, corporation, association, or organization engaged in or conducting or holding that person out as engaged in or conducting, at a funeral establishment, the business of preparing, other than embalming, for burial or disposal, and supervising the burial or disposal of dead human bodies, or who shall, in connection with the person's name or business, use the title, funeral director, undertaker, mortician, or any other title implying that the person is engaged in the business herein described;
(4)"Funeral establishment," any place of business conducted at a specific street address or location devoted to the care and preparation for burial or transportation of dead human bodies;
(5)"Funeral service," those service provided or rendered by an embalmer or funeral director, or both, as set forth in subdivisions (2) or (3) of this section;
(6)"Trainee in funeral service," any person who is engaged in the training of funeral service. However, no person may serve or attempt to serve as such trainee until that person has filed a registration with the board of funeral service as set forth in this chapter.

Source: SDC 1939, §27.1401; SL 1939, ch 102, §1; SL 1963, ch 154, §1; SL 1994, ch 351, §79; SL 2010, ch 193, §1.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 36 - Professions and Occupations

Chapter 19 - Funeral Directors And Establishments

Section 36-19-1 - Definition of terms.

Section 36-19-2 - State Board of Funeral Service--Terms and qualifications of members--Vacancies.

Section 36-19-3 - Districts represented by board members.

Section 36-19-4 - Oath of office of appointive members.

Section 36-19-5 - Removal of appointive members from board--Filling of vacancies.

Section 36-19-6 - Meetings of board--Quorum.

Section 36-19-6.1 - Board continued within Department of Health--Records and reports.

Section 36-19-7 - Compensation and expenses of board members, secretary and employees.

Section 36-19-9 - Officers of board--Scope of rules--Bond required of treasurer.

Section 36-19-10 - Seal of board.

Section 36-19-11 - Fees paid to treasurer--Use of fees.

Section 36-19-12 - General duties of board with respect to licenses.

Section 36-19-13 - Qualifications of inspector employed by board.

Section 36-19-14 - License required to embalm, practice funeral service or maintain establishment.

Section 36-19-17 - License issued to previously licensed funeral director.

Section 36-19-18 - Licenses issued to funeral service trainees.

Section 36-19-20 - Application for license to practice funeral service--Examination.

Section 36-19-21 - Requirements for funeral service license--Scope of examination.

Section 36-19-22 - Time and place of examination--Minimum grade--Preservation of papers.

Section 36-19-23 - National board certificate accepted in lieu of examination.

Section 36-19-24 - Licensing of licensee from another state.

Section 36-19-25 - Fees for issuance and renewal of funeral service license.

Section 36-19-25.1 - Validation of receipt of prior initial license fees--vested rights.

Section 36-19-27 - Application for funeral establishment license--Fee--Licensee in charge.

Section 36-19-28 - Sanitation, ventilation, and equipment required for funeral establishment.

Section 36-19-30 - Funeral establishment managed by licensed individual.

Section 36-19-31 - Annual inspection of funeral establishment.

Section 36-19-32 - Change of location or transfer of funeral establishment.

Section 36-19-33 - License to legal representative of deceased funeral establishment manager.

Section 36-19-34 - Association membership not required for license.

Section 36-19-35 - Signature and seal of licenses.

Section 36-19-36 - Licenses not transferable--Display in place of business.

Section 36-19-37 - Expiration and annual renewal of licenses--Fee.

Section 36-19-38 - Grounds for refusal, suspension or revocation of license.

Section 36-19-40 - Appeal from revocation, suspension or refusal of license.

Section 36-19-41 - Violation of chapter as misdemeanor.

Section 36-19-41.1 - Injunction to prevent violations--Election of remedies.

Section 36-19-42 - Severability of provisions.

Section 36-19-43 - Federal trade commission rules--Board's option to comply with.