Struck = removed from the bill ·
added = the amendment's new text.
AssemblySession Bill(81st) A AB437 312 Amendment No.
437–Committee312 onAssembly CommerceAmendment andto LaborAssembly CHAPTER..........Bill No.
AN437 ACT(BDR relating40-513) toProposed embalming;by:
revisingAssembly theCommittee qualificationson forGovernment certainAffairs certificatesAmends: and licenses issued by the Nevada Funeral and Cemetery Services Board;
Summary:
Yes Title:
Yes Preamble:
No Joint Sponsorship:
No Digest:
Yes ASSEMBLY ACTION Initial and Dat| SENATE ACTION Initial and Date Adopted Lost | Adopted Lost Concurred In Not | Concurred In Not Receded Not | Receded Not EXPLANATION:
Matter in (1) blue bold italics is new language in the original bill;
(2) variations of green bold underlining is language proposed to be added in this amendment;
(3) red strikethrough is deleted language in the original bill;
(4) purple double strikethrough is language proposed to be deleted in this amendment;
(5) orange double underlining is deleted language in the original bill proposed to be retained in this amendment.
TPG/KRO - Date:
4/12/2021 A.B.
No.
437—Revises provisions relating to dead bodies.
(BDR 40-513) Page 1 of 7 *A_AB437_312* Assembly Amendment No.
312 to Assembly Bill No.
437 Page 3 ASSEMBLY B ILLNO.
437–COMMITTEE ON C OMMERCE AND L ABOR (ON BEHALF OF THESUNSET SUBCOMMITTEE OF THEL EGISLATIVECOMMISSION) M ARCH 26,2021 _______________ Referred to Committee on Government Affairs SUMMARY—Revises provisions relating to [dead bodies.] embalming.
(BDR [40-513)] 54-513) FISCAL NOTE:
Effect on Local Government:
No.
Effect on the State:
No.
~ EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
AN ACT relating to [decedents;
authorizing a coroner to allow the transportation of human remains to a funeral establishment in an adjacent state under certain circumstances;] embalming;
revising the qualifications for [a license to practice the profession of embalming;] certain certificates and licenses issued by the Nevada Funeral and Cemetery Services Board;
[ Existing lawlaw: requires an applicant for a license to practice the profession of embalming to have completed 2 academic years of instruction at a college or university by taking a certain number of credit hours.
(1) requires a funeral director or person acting as undertaker to file a death certificate and secure a burial or removal permit prior to any disposition of a body;
and (2) provides for the imposition of a monetary penalty against a person who removes or transports a body without a removal permit.
(NRS 440.450, 440.530, 440.540, 440.750, 451.060) Sections 1-8 of this bill create an exception to these requirements which allows the coroner to authorize the transportation of human remains to a funeral establishment in an adjoining state if the remains are found within 50 miles of the boundary between this State and the adjoining transportation of human remains to a funeral establishment in an adjoining state under thosee circumstances to file a completed death certificate not later than 72 hours after the discovery of the remains.] Existing law requires an applicant for a license to practice the profession of embalming to have completed 2 academic years of instruction at a college or university by taking a certain number of credit hours.
Section 9.6 of this bill makes a conforming change as a result of the change in this professionrequirement. of embalming to have completed 12 months of instruction in anactice the accredited embalming college or school of mortuary science.
(NRSExisting 642.080)law Sectionalso 9 instead requires that an applicant for such a license mustto practice the profession of embalming to have graduatedcompleted from12 suchmonths aof instruction in an accredited embalming college or school.school of mortuary science.
(NRS 642.080) Section 109 of[of this billbill] makesinstead arequires conformingthat changean asapplicant afor resultsuch ofa thelicense changeAssembly inAmendment thisNo. requirement.
Existing312 law provides for the issuance of a license by reciprocity to practiceAssembly theBill professionNo. of embalming to an applicant who has practiced embalming successfully for at least 5 years and practiced actively for 2 years immediately preceding the this requirement to instead require an applicant for such a license to have practiceds successfully for at least 5 years and practiced actively for at least 2 years of the 5 year period immediately preceding the application for such a license.
Existing437 lawPage prohibits4 amust funeralhave director,graduated funeral arranger or embalmer from permittingsuch anya personcollege to enter into any room in any funeral home or mortuaryschool. where dead bodies are being embalmed, except licensed embalmers and their assistants, funeral directors, funeral arrangers, certain public officers and attending of the deceased.
(NRS 642.560) Section 1110 of this bill authorizesmakes a studentconExisting enrolledlaw inprovides anfor accreditedthe embalmingissuance collegeof ora schoollicense ofby mortuaryreciprocity scienceto practice the profession of embalming to enteran suchapplicant roomswho withouthas thepracticed expressembalming permissionsuccessfully offor theat immediateleast family5 ofyears and practiced actively for 2 years immediately preceding the deceased.application for license by reciprocity.
EXPLANATION(NRS –642.100) MatterSection in9.3 boldedof italicsthis isbill new;revises this requirement to instead require an applicant for such a license to have practiced successfully for at least 5 years and practiced actively for at least 2 years of the 5 year period immediately preceding the application for such a license.
matterExisting betweenlaw bracketsprohibits [omitteda material]funeral isdirector, materialfuneral arranger or embalmer from permitting any person to beenter omitted.into any room in any funeral home or mortuary where dead bodies are being embalmed, except licensed embalmers and their assistants, funeral assistants, unless by direct permission of the immediate family of the deceased.
(NRSeir 642.560) Section 11 of this bill authorizes a student enrolled in an accredited embalming college or school of mortuary science to enter such rooms without the express permission of the immediate family of the deceased.
SectionsSection 1-8.1.
(Deleted[Chapter 440 of NRS is hereby amended by amendment.)adding -thereto 81sta Sessionnew (2021)section –to 2read –as Sec.follows:
1.
The coroner may authorize the transportation of human remains without a death certificate or removal permit to a funeral establishment that is located in an adjoining state if:
(a) The remains were found within 50 miles of the boundary between this State and the adjoining state;
(b) The remains are not the subject of any ongoing investigation;
(c) A reasonable certainty exists that the cause of death will be provided by the attending physician or by a review of the medical records by the coroner or medical examiner;
(d) The death does not appear to the coroner to have been caused by a disease that is held by the Board to be infectious, contagious or communicable and dangerous to the public health;
and (e) The funeral establishment is located within 30 miles of the boundary of the county in which the remains were found.
2.
A coroner who authorizes the transportation of human remains without a death certificate or removal permit pursuant to this section shall file a completed death certificate with the local registrar in the jurisdiction where the remains were discovered not later than 72 hours after the discovery of the remains.
3.
As used in this section, “funeral establishment” has the meaning ascribed to it in NRS 642.016.] (Deleted by amendment.) Sec.
2.
[NRS 440.450 is hereby amended to read as follows:
440.450 [The] Except where the remains of a decedent are transported to an adjoining state in accordance with the provisions of section 1 of this act, the funeral director or person acting as undertaker is responsible for obtaining and filing the certificate of death with the local health officer, or his or her deputy, in the registration district in which the death occurred, and for securing a burial or removal permit prior to any disposition of the body.] (Deleted by amendment.) Sec.
3.
[NRS 440.520 is hereby amended to read as follows:
440.520 The funeral director shall:
Assembly Amendment No.
312 to Assembly Bill No.
437 Page 5 1.
Deliver the burial permit to the sexton or person in charge of the place of burial, before interring or otherwise disposing of the body.
2.
[Attach] Except where a removal permit is not required pursuant to section 1 of this act, attach the removal permit to the box containing the body, when shipped by any transportation company.] (Deleted by amendment.) Sec.
4.
[NRS 440.530 is hereby amended to read as follows:
440.530 [The] Except as otherwise provided in section 1 of this act, a burial or removal permit [shall] must accompany the body to its destination .
[, where, if] If that destination is within the State of Nevada, [it shall] the burial or removal permit must be delivered to the sexton or to any other person in charge of the place of burial.] (Deleted by amendment.) Sec.
5.
[NRS 440.540 is hereby amended to read as follows:
440.540 1.
Except as provided in subsection 2 [,] and section 1 of this act, the body of any person whose death occurs in this state shall not be interred, deposited in a vault or tomb, cremated or otherwise disposed of, removed from or into any registration district, or be held temporarily pending a further disposition more than 72 hours after death, until a permit for burial or removal or other disposition thereof has been properly issued by the local health officer of the registration district in which the death occurred.
2.
If the person who is to certify the cause of death consents, a body may be moved from the place of death into another registration district to be prepared for final disposition.] (Deleted by amendment.) Sec.
6.
[NRS 440.560 is hereby amended to read as follows:
440.560 No sexton or other person in charge of any premises in this State in which interments are made shall inter or permit the interment or other disposition of any body unless it is accompanied by a burial, removal or transit permit as provided in this chapter.] (Deleted by amendment.) Sec.
7.
[NRS 440.750 is hereby amended to read as follows:
440.750 [Any] Except as otherwise provided in section 1 of this act, any funeral director, sexton or other person in charge of the disposal who inters, removes or otherwise disposes of the body of any deceased person without having received a burial or removal permit shall be punished by a fine of not more than $250.] (Deleted by amendment.) Sec.
8.
[NRS 451.060 is hereby amended to read as follows:
451.060 Except where transportation of human remains without a removal permit is authorized by section 1 of this act:
1.
Any transportation company or common carrier transporting or carrying, or accepting through its agents or employees for transportation or carriage, the body of any deceased person, without an accompanying permit issued in accordance with law, shall be punished by a fine of not more than $250.
If the death occurred outside of the State and the body is accompanied by a burial, removal or transit permit issued in accordance with the law or board of health regulations in force where the death occurred, such burial, removal or transit permit may be held to authorize the transportation or carriage of the body into or through the State.
2.
Any railroad, transportation or express company which receives for transportation and shipment any dead human body, unless the body has been prepared by a regularly licensed embalmer of the State of Nevada, with the removal permit, his or her name and the number of the embalmer’s license attached thereon, and unless the body shall reach its destination within the boundaries of this state and within 30 hours from time of death, shall be punished by a fine of not more than $500.] (Deleted by amendment.) Assembly Amendment No.
312 to Assembly Bill No.
437 Page 6 Sec.
1.
Have attained the age of 18 years.
years.
Is a graduate of an embalming college or a school of mortuary science which is accredited by the American Board of Funeral Service Education and approved by the Board;
Board of 2.
Has practiced embalming successfully for at least 5 years and practiced actively for at least 2 years of the 5 [years] year period immediately preceding the application for a license by reciprocity;
- 81st Session (2021) – 3 – Sec.
Before a registered apprentice may take the examination for a license to practice the profession of embalming pursuant to NRS 642.090, the registered apprentice must havelminghave [completed instruction in] graduated from an accredited and approved embalming college or school of mortuary science, as prescribed by NRS 642.080.
A registered apprentice may take the examination for a license to practice the profession of embalming pursuant to NRS 642.090 before the registered apprentice has completed the required 1 year of apprenticeship.
642.560Assembly NoAmendment funeralNo. director, funeral arranger or embalmer may permit any person to enter any room in any funeral home or mortuary where dead bodies are being embalmed, except licensed embalmers and their assistants, funeral directors, funeral arrangers, public officers in the discharge of their official duties, students enrolled in an accredited embalming college or school of mortuary science, and attending physicians and their assistants, unless by direct permission of the immediate family of the deceased.
~~~~~312 21to -Assembly 81stBill SessionNo. (2021)
437 Page 7 642.560 No funeral director, funeral arranger or embalmer may permit any person to enter any room in any funeral home or mortuary where dead bodies are being embalmed, except licensed embalmers and their assistants, funeral directors, funeral arrangers, public officers in the discharge of their official duties, students enrolled in an accredited embalming college or school of mortuary science, and attending physicians and their assistants, unless by direct permission of the immediate family of the deceased.