An Act to revise provisions regarding students and trainees engaged in the practice of funeral service.

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

Section 1. That § 36-19-12.1 be AMENDED:

36-19-12.1. 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; and

(6) Establish the qualifications, supervision requirements, duration, and other requirements for trainees and traineeships.

Section 2. That § 36-19-14 be AMENDED:

36-19-14. A Except as otherwise provided in this section, 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.

A trainee may embalm a dead human body and practice embalming, under the supervision of a funeral director licensed by the board.

Section 3. That a NEW SECTION be added to chapter 36-19:

This chapter does not apply to a student who is:

(1) Enrolled full-time in a program accredited by the American Board of Funeral Service Education; and

(2) Engaged in an activity that:

(a) Is part of a course of that program; and

(b) Is directly supervised by a funeral director licensed by the board.

A student may not hold oneself out as a funeral director and may only use a title that clearly indicates status as a student. The supervising funeral director is responsible for the activities performed by the student.

Section 4. 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 § 36-19-12.1;

(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 traineeship supervised by 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.