Administrative Rule 20:45:03 | South Dakota Legislature

20:45:03:01. Minimum qualifications of trainee. An applicant for registration as a trainee in funeral service shall have a high school education or a high school equivalent education, be at least eighteen years of age, and be of good moral character.

Source: SL 1975, ch 16, § 1; 9 SDR 59, effective November 14, 1982; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 50 SDR 157, effective July 2, 2024.

General Authority: SDCL 36-19-12.1.

Law Implemented: SDCL 36-19-1(5), 36-19-18.

20:45:03:02. Traineeship in funeral service. For purposes of this section, one year's work is twelve months, either consecutive or non-consecutive, and in no event may the traineeship be less than two thousand eighty hours. Although the twelve-month period is not required to be completed in consecutive succession, a trainee must reapply for registration if the trainee seeks to resume duties after being terminated by a sponsor, or if the trainee changes sponsors for any reason. The traineeship may be served under different funeral service licensees licensed in accordance with SDCL chapter 36-19 and in different funeral establishments licensed in accordance with SDCL chapter 36-19. The trainee must be a citizen of the United States or a resident of South Dakota. The traineeship must be completed in one-month segments, unless the board finds good cause for shorter segments.

A funeral service licensee may not sponsor more than one trainee at a time. The sponsoring funeral service licensee is fully responsible for the trainee's actions and work in funeral service. The sponsor and the trainee shall notify the board immediately of the termination or temporary discontinuance of supervision of a trainee.

To maintain registration, the trainee must file with the board at least twenty-five acceptable embalming case reports on forms provided by the board, along with twelve monthly report cards. The trainee shall assist in the direction of at least twenty-five funerals and present five sets of arrangements. The trainee must perform all work as a trainee under the supervision of the trainee's funeral service sponsor.

A terminated traineeship may be reinstated if the trainee applies again to the board. A traineeship may be completed before or after completing mortuary college.

Any funeral service licensee, including a sponsor or the owner of a funeral establishment, who allows a person to do the work of a trainee when that person is not registered with the board or when that person has completed the traineeship program, is subject to license revocation or suspension.

Source: SL 1975, ch 16, § 1; 9 SDR 59, effective November 14, 1982; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 19 SDR 35, effective August 27, 1992; 21 SDR 118, effective January 2, 1995; 30 SDR 215, effective July 14, 2004; 50 SDR 157, effective July 2, 2024.

General Authority: SDCL 36-19-12.1.

Law Implemented: SDCL 36-19-18, 36-19-21(5), 36-19-38(7)(13).

20:45:03:02.01. Mortuary student trainee. Repealed.

Source: 37 SDR 237, effective June 30, 2011; 50 SDR 157, effective July 2, 2024.

20:45:03:03. College coursework requirements. Repealed.

Source: SL 1975, ch 16, § 1; 9 SDR 59, effective November 14, 1982; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 19 SDR 35, effective August 27, 1992; 21 SDR 118, effective January 2, 1995; 34 SDR 101, effective October 24, 2007; 36 SDR 57, effective October 22, 2009; 37 SDR 237, effective June 30, 2011; 50 SDR 157, effective July 2, 2024.

20:45:03:03.01. Acceptance of National Board Examination. Repealed.

Source: 9 SDR 59, effective November 14, 1982; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 50 SDR 157, effective July 2, 2024.

20:45:03:04. Filing of application. Repealed.

Source: SL 1975, ch 16, § 1; 9 SDR 59, effective November 14, 1982; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 30 SDR 215, effective July 14, 2004; 50 SDR 157, effective July 2, 2024.

20:45:03:04.01. Incomplete application. A licensure application deemed incomplete by board staff must be completed within one year from the date received by the board, or the board must consider it withdrawn. The executive secretary shall notify the applicant if an application is so withdrawn. The applicant is not precluded from reapplying by submitting all required documents, information, non-refundable fees, and application materials.

Source: 50 SDR 157, effective July 2, 2024.

General Authority: SDCL 36-19-12.1.

Law Implemented: SDCL 36-19-21, 36-19-27.

20:45:03:05. Failure to pass examination. Repealed.

Source: SL 1975, ch 16, § 1; 9 SDR 59, effective November 14, 1982; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 30 SDR 215, effective July 14, 2004; 50 SDR 157, effective July 2, 2024.

Rule 20:45:03:06 Repealed.

20:45:03:06. License by reciprocity.Repealed.

Source: SL 1975, ch 16, § 1; 9 SDR 59, effective November 14, 1982; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 19 SDR 35, effective August 27, 1992; repealed, 21 SDR 118, effective January 2, 1995.

20:45:03:07. Renewal of lapsed license. Repealed.

Source: SL 1975, ch 16, § 1; 9 SDR 59, effective November 14, 1982; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 18 SDR 59, effective October 2, 1991; 30 SDR 215, effective July 14, 2004; 50 SDR 157, effective July 2, 2024.

20:45:03:08. Fees. The fees for licenses and registrations issued by the board are as follows and are nonrefundable:

(1) Trainee registration fee, twenty-five dollars;

(2) Funeral director license application fee, one hundred and twenty-five dollars;

(3) Annual funeral director license renewal fee; one hundred and twenty-five dollars;

(4) Funeral establishment license application fee, two hundred and fifty dollars; and

(5) Annual funeral establishment license renewal fee, two hundred and fifty dollars.

Source: 50 SDR 157, effective July 2, 2024.

General Authority: SDCL 36-19-12.1.

Law Implemented: SDCL 36-19-18, 36-19-25, 36-19-27, 36-19-37.

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