reglab/statecodes huggingface dataset:
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 325 - Embalmers and Funeral Directors › Section 325:2 - Board.

325:2 Board. –
I. There shall be a board of registration of funeral directors and embalmers consisting of 5 members, including 4 funeral directors or embalmers and one public member, appointed by the governor, with the approval of the council, to serve terms of 5 years. No member of the board shall be appointed to more than 2 consecutive terms.
II. Professional members of the board shall:
(a) Be residents of this state;
(b) Have at least 5 years' practical experience in funeral directing or embalming; and
(c) Have been engaged in funeral directing or embalming within the state for at least 5 years.
III. The public members of the board shall be persons who are not, and never were, members of the regulated profession or the spouse of any such person, and who do not have, and never have had, a material financial interest in either the provision of mortuary services or an activity directly related to funeral directing or embalming, including the representation of the board or profession for a fee at any time during the 5 years preceding appointment.
IV. [Repealed.]
Source.
1935, 95:1. RL 168:2. RSA 325:2. 1973, 366:1. 1981, 487:3. 1983, 291:1. 1985, 416:6. 1987, 134:3. 1995, 310:182. 2010, 118:7. 2015, 276:108, XIX, eff. July 1, 2015. 2021, 197:50, eff. July 1, 2021.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 325 - Embalmers and Funeral Directors › Section 325:3 - Repealed by 1981, 487:26, I, eff. July 1, 1981.

325:3 Repealed by 1981, 487:26, I, eff. July 1, 1981. –
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 325 - Embalmers and Funeral Directors › Section 325:4 - Repealed by 1981, 487:26, II, eff. July 1, 1981.

325:4 Repealed by 1981, 487:26, II, eff. July 1, 1981. –
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 325 - Embalmers and Funeral Directors › Section 325:6 - Repealed by 2021, 197:56, I, eff. July 1, 2021.

325:6 Repealed by 2021, 197:56, I, eff. July 1, 2021. –
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 325 - Embalmers and Funeral Directors › Section 325:7 - Vacancies.

325:7 Vacancies. –
Vacancies in the board shall be filled by the governor with the advice and consent of the council for the unexpired term, and said appointment shall be made within 60 days from the date of such vacancy.
Source.
1935, 95:1. RL 168:7.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 325 - Embalmers and Funeral Directors › Section 325:8 - Organization; Quorum.

325:8 Organization;  Quorum. –
Within 30 days after appointment and qualification of a member, the board shall meet and elect from among its members a chairperson and such other officers as the board may provide for by rule. This organization shall continue until the appointment of a new member or upon the resignation of an existing board officer. The office of secretary and treasurer may be held by one member. A majority of the members of the board who have been approved by the governor and council shall constitute a quorum for the transaction of business.
Source.
1935, 95:1. RL 168:8. RSA 325:8. 1996, 283:2, eff. Jan. 1, 1997. 2021, 197:51, eff. July 1, 2021.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 325 - Embalmers and Funeral Directors › Section 325:8-a - Board Duty; Crematory Licensing.

325:8-a Board Duty;  Crematory Licensing. –
The board shall be responsible for the administration and enforcement of RSA 325-A relative to the cremation of human remains.
Source.
2006, 288:1, eff. July 1, 2006.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 325 - Embalmers and Funeral Directors › Section 325:9 - Rulemaking Authority.

325:9 Rulemaking Authority. –
The board shall adopt rules, pursuant to RSA 541-A, relative to:
I. [Repealed.]
II. The qualifications of applicants in addition to those requirements set by RSA 325:13 and 14, and including the qualifications for satisfactory evidence of:
(a) Completion of one year (30 credit hours) at an accredited postsecondary educational institution, and
(b) Good professional character;
III. How an applicant shall be examined, including the time and place of the examination;
IV. Eligibility requirements for renewal of license, including the requirements for continuing education;
V. [Repealed.]
VI. Ethical and professional standards required to be met by each holder of the license to practice under this chapter and how disciplinary actions by the board shall be implemented for violation of these standards;
VII. Matters related to the proper administration of this chapter;
VIII. [Repealed.]
IX. The supervision of persons holding apprentice licenses under RSA 325:30;
IX-a. The activities and duties of all unlicensed personnel employed in the removal and transportation of human remains;
X. Conditions for reinstatement of a suspended or revoked license; and
XI. Conditions for continuance of the business of a deceased funeral director under RSA 325:37.
Source.
1935, 95:1. RL 168:9. RSA 325:9. 1981, 487:4. 1983, 325:5. 1987, 185:1. 2014, 167:13, eff. July 1, 2014. 2021, 197:52, 56, II, eff. July 1, 2021. 2023, 212:15, I, eff. Oct. 3, 2023.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 325 - Embalmers and Funeral Directors › Section 325:10 - Repealed by 2015, 276:108, XX, eff. July 1, 2015.

325:10 Repealed by 2015, 276:108, XX, eff. July 1, 2015. –
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 325 - Embalmers and Funeral Directors › Section 325:11 - Repealed by 2021, 197:56, III, eff. July 1, 2021.

325:11 Repealed by 2021, 197:56, III, eff. July 1, 2021. –
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 325 - Embalmers and Funeral Directors › Section 325:12-a - Fees.

325:12-a Fees. –
The board shall establish fees for initial and renewal licenses, examination of applicants, for apprentices, for funeral home inspections, and for transcribing and transferring records and other services.
Source.
1981, 487:6. 1987, 185:2. 2014, 167:14. 2015, 229:7, eff. July 1, 2015. 2022, 314:7, eff. July 1, 2022.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 325 - Embalmers and Funeral Directors › Section 325:13 - Embalmers; Qualifications.

325:13 Embalmers;  Qualifications. –
No person shall embalm dead human bodies or engage or hold himself out as engaged in embalming, whether on his own behalf or in the employ of another, unless he shall:
I. Be at least 18 years of age;
II. Be of good professional character;
III. (a) Have completed at least one year (30 credit hours) at an accredited postsecondary educational institution; or
(b) Have completed successfully a course of instruction in an embalming school prior to 1975, have been actively licensed since graduation, and present to the board a letter of good standing from the licensing state;
IV. Have completed a one year course in apprenticeship under the supervision of a duly licensed or registered embalmer actively engaged in embalming within the state;
V. Have completed a full course of instruction in an embalming school maintaining at that time a standard satisfactory to the board;
VI. Pass such examinations as the board may deem proper to ascertain his efficiency and qualifications to engage in embalming; and
VII. Obtain the appropriate license from the board.
Source.
1935, 95:1. 1939, 76:2. RL 168:13. 1949, 154:1. RSA 325:13. 1973, 72:69; 354:1. 1981, 487:7. 1983, 325:1, 2. 1989, 264:2, eff. July 25, 1989.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 325 - Embalmers and Funeral Directors › Section 325:14 - Funeral Directors; Qualifications.

325:14 Funeral Directors;  Qualifications. –
No person shall engage or hold himself out as engaged in funeral directing, unless he:
I. Is the holder of an embalmer's license;
II. Has passed such examinations as the board may deem proper to ascertain his efficiency and qualifications to engage in funeral directing; and
III. Obtains the appropriate license from the board.
Source.
1935, 95:1. RL 168:14. RSA 325:14. 1981, 487:8, eff. July 1, 1981.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 325 - Embalmers and Funeral Directors › Section 325:15 - Corporations, Etc.

325:15 Corporations, Etc. –
No corporation or partnership shall be issued a license as a funeral director nor shall any corporation or partnership or any individual connected therewith publicly advertise such corporation or partnership as being licensed funeral directors. This section shall not apply to any corporation licensed prior to January 1, 1953, nor to any corporation whose application for a license or certificate was pending before the board on that date.
Source.
1935, 95:1. RL 168:15. 1949, 154:2. 1953, 150:1. RSA 325:15. 1981, 487:9, eff. July 1, 1981.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 325 - Embalmers and Funeral Directors › Section 325:16 - Licensed Place of Business Required.

325:16 Licensed Place of Business Required. –
Funeral directing shall be conducted in a fixed place of business by and through a licensed funeral home.
Source.
1935, 95:1. RL 168:16. RSA 325:16. 1996, 283:3, eff. Jan. 1, 1997.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 325 - Embalmers and Funeral Directors › Section 325:17 - Inspection.

325:17 Inspection. –
The board may inspect all places where funeral directing is conducted or where embalming is practiced. No such place shall be inspected more frequently than twice yearly, unless the board shall find that just cause or evidence of repeated complaints exists.
Source.
1935, 95:1. RL 168:17. RSA 325:17. 1981, 487:10. 1987, 185:3, eff. July 11, 1987.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 325 - Embalmers and Funeral Directors › Section 325:18 - Examinations.

325:18 Examinations. –
Examinations of applicants for licensure shall be held at least annually. Any person who desires to engage in funeral directing or embalming shall submit in writing to the board on forms provided by it an application for licensure accompanied by a fee established by the board. The board shall require the applicant to submit to such examinations as it may deem proper.
Source.
1935, 95:1. RL 168:18. RSA 325:18. 1957, 77:2. 1981, 487:11, eff. July 1, 1981.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 325 - Embalmers and Funeral Directors › Section 325:19 - Alternatives to the Board's Examination.

325:19 Alternatives to the Board's Examination. –
The board shall have the power, in its discretion, to accept in lieu of an examination documentation that an applicant has been practicing for 10 or more consecutive years in another state prior to filing an application to practice in New Hampshire and:
I. A duly authenticated statement of a national board of examiners, or of a board duly approved by the Conference of Embalmers' Examining Boards of the United States, Inc., certifying the successful passage of an examination conducted by said board or boards; or
II. Completion of a course of instruction at an embalming school taken prior to 1975, including passage of a written examination administered by another state, and licensure as evidence of practice in such other state from the time of original licensure to the date of application to practice in New Hampshire.
Source.
1935, 95:1. RL 168:19. RSA 325:19. 1989, 264:3, eff. July 25, 1989.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 325 - Embalmers and Funeral Directors › Section 325:20 - Licensure.

325:20 Licensure. –
The board shall issue to each applicant successfully passing the examination, where an examination is required, and who otherwise satisfies the board of her or his qualifications, a license, entitling her or him to practice or engage in the business in this state as a funeral director, embalmer, or both, as the case may be.
Source.
1935, 95:1. RL 168:20. RSA 325:20. 1981, 487:12, eff. July 1, 1981. 2021, 197:53, eff. July 1, 2021.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 325 - Embalmers and Funeral Directors › Section 325:21 - Contents and Display of.

325:21 Contents and Display of. –
Every license shall specify the name of the person to whom it was issued, the address of his place of business or employment, and shall be conspicuously displayed, at all times, in his place of business or employment. Licenses shall not be assignable.
Source.
1935, 95:1. RL 168:21. RSA 325:21. 1981, 487:13, eff. July 1, 1981.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 325 - Embalmers and Funeral Directors › Section 325:22 - Nonresidents.

325:22 Nonresidents. –
The board may license any applicant who is licensed in any other state, provided:
I. The applicant holds a current funeral director's or embalmer's license in his state of residence and is in good standing with the regulating state board.
II. The applicant shall be subject to a 6-month apprenticeship during which time 25 solo case reports of funeral directing and embalming solely conducted by the applicant shall be submitted to the board.
III. The applicant shall not possess more than a 25 percent ownership interest in a sponsoring funeral home during the first 3 years of his practice in New Hampshire.
IV. Upon completion of the apprenticeship, the applicant shall pass the written examination required by the board pursuant to this chapter.
V. The applicant shall be subject to review by the board on a yearly basis for the first 3 years of associate licensure. Upon approval he shall be eligible for permanent licensure upon application and payment of fees.
Source.
1935, 95:1. RL 168:22. RSA 325:22. 1957, 77:3. 1973, 354:2. 1981, 487:14. 1989, 264:4, eff. July 25, 1989.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 325 - Embalmers and Funeral Directors › Section 325:22-a - Interstate Agreements.

325:22-a Interstate Agreements. –
The board may enter into an agreement with the corresponding licensing authority of any other state competent to enter into such agreement which shall permit a nonresident person duly registered and licensed as a funeral director or embalmer in any state signing the agreement with the board to go into the other state for the purpose of handling, embalming, transporting, and burying dead human bodies and directing funerals as though he or she were licensed under the laws of New Hampshire, except that he or she shall not maintain an establishment, advertise, have any agent or agency, or otherwise hold himself or herself out as a funeral director or embalmer other than in his or her native state; provided that the agreement will set forth that the licensing authority of the state in which the funeral director or embalmer is licensed will assume the responsibility for instituting disciplinary action against any licensed funeral directors or embalmers who may be guilty of unprofessional conduct in the practice of their business in New Hampshire when such is reported by this board and the same to apply to New Hampshire individuals licensed under this chapter.
Source.
1959, 128:2. 1981, 487:15, eff. July 1, 1981. 2021, 197:54, eff. July 1, 2021.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 325 - Embalmers and Funeral Directors › Section 325:23 - Expiration.

325:23 Expiration. –
All licenses issued under the provisions of this chapter shall expire on June 30 of each odd-numbered year unless previously suspended or revoked.
Source.
1935, 95:1. RL 168:23. RSA 325:23. 1981, 487:16. 2016, 52:1, eff. July 2, 2016.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 325 - Embalmers and Funeral Directors › Section 325:24 - Notices of Expiration.

325:24 Notices of Expiration. –
On or before May 15 of each odd-numbered year, the board shall notify each holder of a license of the expiration of her or his license and an application for the renewal thereof.
Source.
1935, 95:1. RL 168:24. RSA 325:24. 1981, 487:17. 2016, 52:1, eff. July 2, 2016. 2021, 197:55, eff. July 1, 2021.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 325 - Embalmers and Funeral Directors › Section 325:25 - Renewal of Licenses.

325:25 Renewal of Licenses. –
I. Every person licensed to practice under this chapter, except as provided in RSA 325:29, shall apply to the board every 2 years for license renewal. The board shall require each licensee to show proof of meeting the continuing education requirement of RSA 325:28-a. Payment shall be made to the board secretary of the renewal fee established in RSA 325:12-a.
II. All licenses shall automatically lapse unless a timely and complete renewal application has been filed.
Source.
1935, 95:1. RL 168:25. RSA 325:25. 1957, 77:4. 1973, 354:3. 1977, 563:1. 1981, 487:18. 1996, 283:4. 2014, 167:15. 2015, 229:8. 2016, 52:1, eff. July 2, 2016.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 325 - Embalmers and Funeral Directors › Section 325:26 - Repealed by 1981, 487:26, III, eff. July 1, 1981.

325:26 Repealed by 1981, 487:26, III, eff. July 1, 1981. –
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 325 - Embalmers and Funeral Directors › Section 325:27 - Repealed by 1981, 487:26, IV, eff. July 1, 1981.

325:27 Repealed by 1981, 487:26, IV, eff. July 1, 1981. –
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 325 - Embalmers and Funeral Directors › Section 325:28-a - Continuing Education Requirement.

325:28-a Continuing Education Requirement. –
As a condition of license renewal, the board shall require each licensee to attain a minimum number of continuing education credits every 2 years as specified in the rules adopted by the board.
Source.
1996, 283:6. 2016, 52:2, eff. July 2, 2016.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 325 - Embalmers and Funeral Directors › Section 325:29 - Apprentice Licenses.

325:29 Apprentice Licenses. –
No person shall assist in the embalming of dead human bodies for burial or cremation in any manner unless he holds a license as an apprentice.
Source.
1935, 95:1. RL 168:29.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 325 - Embalmers and Funeral Directors › Section 325:30 - Issuance; Term; Renewal.

325:30 Issuance;  Term;  Renewal. –
Apprentice licenses shall be issued for a period of one year and shall terminate one year from the date of issuance unless sooner ended by death, resignation, revocation or by ruling or decision of the board. Such licenses may be renewed in the discretion of the board. The fees for an original apprentice license shall be established by the board.
Source.
1935, 95:1. RL 168:30. 1953, 150:2. RSA 325:30. 1957, 77:6. 1973, 354:5. 1977, 563:3. 1981, 487:20. 1983, 325:4, eff. Aug. 17, 1983.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 325 - Embalmers and Funeral Directors › Section 325:31 - Rules Governing.

325:31 Rules Governing. –
The board may make such rules and regulations as it deems advisable for the qualifying or supervising of apprentices. No apprentice shall be permitted to advertise or hold himself out to the public as a holder of a license in funeral directing or embalming.
Source.
1935, 95:1. RL 168:31.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 325 - Embalmers and Funeral Directors › Section 325:31-a - Eye Procurement Technician Qualification.

325:31-a Eye Procurement Technician Qualification. –
No person shall perform eye tissue removal or processing pursuant to RSA 291-A:11 unless such person has successfully completed a course of training acceptable to a procurement organization as defined in RSA 291-A:2, XX. The procurement organization shall have the power to establish qualifications and terms for the successful completion of the course of training.
Source.
1979, 73:2. 1997, 336:2. 2010, 111:2, eff. July 31, 2010.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 325 - Embalmers and Funeral Directors › Section 325:32 - Disciplinary Action.

325:32 Disciplinary Action. –
I. [Repealed.]
II. Misconduct sufficient to support disciplinary proceedings under this section shall include:
(a) The practice of fraud or deceit in procuring or attempting to procure a license to practice under this chapter;
(b) Conviction of a felony or any offense involving moral turpitude;
(c) Dishonest or unprofessional conduct related to the practice of the profession or any particular aspect or specialty of the profession including, but not limited to, violation of state or federal laws pertaining to the practice of the profession, violation of a nationally recognized ethical code or set of ethical principles pertaining to the profession, or violation of any ethical code or principles identified in rules adopted by the board.
(d) Unfitness or incompetency to practice the profession or any particular aspect or specialty of the profession as evidenced, in a context related to the practice of the profession, by:
(1) The intentional disrespect of a dead human body;
(2) Gross or repeated negligence; or
(3) A pattern of conduct inconsistent with the basic skills, knowledge or professional character expected of all licensees, or all licensees engaged in a particular specialty practice.
(e) Addiction to the use of alcohol or other habit-forming drugs to a degree which renders him unfit to practice under this chapter;
(f) Mental or physical incompetency to practice under this chapter;
(g) Willful or repeated violation of the provisions of this chapter or any law or ordinance related to embalming or funeral directing, or any substantive rule of the board; or
(h) Suspension or revocation of a license, similar to one issued under this chapter, in another jurisdiction and not reinstated.
III. [Repealed.]
Source.
1935, 95:1. RL 168:32. RSA 325:32. 1981, 487:21. 1983, 325:7. 1987, 134:4. 1996, 283:7-10, eff. Jan. 1, 1997. 2023, 212:15, II, eff. Oct. 3, 2023.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 325 - Embalmers and Funeral Directors › Section 325:32-a - Reciprocal Discipline.

325:32-a Reciprocal Discipline. –
I. Upon receipt of a final order from the licensing authority of another jurisdiction which imposes disciplinary sanctions against a licensee or a person applying for a license, the board may issue an order directing the licensee or applicant to appear and show cause why similar disciplinary sanctions or, in the case of an applicant, license denial or restriction, should not be imposed in this state. In any such proceeding, the decision of the foreign licensing authority may not be collaterally attacked, but the licensee or applicant shall be given the opportunity to demonstrate why a lesser sanction should be imposed.
II. [Repealed.]
III. [Repealed.]
IV. [Repealed.]
V. A person holding or applying for licenses or other privileges granted by the board shall keep the board informed of such person's current business and residence addresses, and shall furnish written notice to the board of any change in such address within 30 days from the date the change occurs. A licensee or applicant shall have received adequate notice of any hearing or other action taken under this chapter if notice is mailed in a timely fashion to the most recent home or business address furnished under this paragraph.
VI. [Repealed.]
VII. [Repealed.]
VIII. [Repealed.]
Source.
1996, 283:11, eff. Jan. 1, 1997. 2023, 212:15, III, eff. Oct. 3, 2023.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 325 - Embalmers and Funeral Directors › Section 325:32-b - Repealed by 2023, 212:15, IV, eff. Oct. 3, 2023.

325:32-b Repealed by 2023, 212:15, IV, eff. Oct. 3, 2023. –
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 325 - Embalmers and Funeral Directors › Section 325:33 - Repealed by 2023, 212:15, V, eff. Oct. 3, 2023.

325:33 Repealed by 2023, 212:15, V, eff. Oct. 3, 2023. –
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 325 - Embalmers and Funeral Directors › Section 325:33-a - Repealed by 2023, 212:15, VI, eff. Oct. 3, 2023.

325:33-a Repealed by 2023, 212:15, VI, eff. Oct. 3, 2023. –
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 325 - Embalmers and Funeral Directors › Section 325:34 - Repealed by 2023, 212:15, VII, eff. Oct. 3, 2023.

325:34 Repealed by 2023, 212:15, VII, eff. Oct. 3, 2023. –
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 325 - Embalmers and Funeral Directors › Section 325:34-a - License Suspension; Hearing Required.

325:34-a License Suspension;  Hearing Required. –
If the board suspends a license under this section, the licensee shall be provided with a hearing within 10 days from the effective date of the suspension. The suspension shall remain in effect during the pendency of the hearing, which shall not be unreasonably delayed by the board.
Source.
1996, 283:14, eff. Jan. 1, 1997.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 325 - Embalmers and Funeral Directors › Section 325:35 - Immunity From Civil Action.

325:35 Immunity From Civil Action. –
No civil action shall be maintained against the board or any of its members, or any agent or employee of the board, with regard to any action or activity in the performance of any duty or authority established by this chapter. No civil action shall be maintained against any other organization or individual for or by reason of any good faith statement, report, communication, or testimony to the board or determination by the board in relation to proceedings under this chapter.
Source.
1935, 95:1. RL 168:35. RSA 325:35. 1996, 283:15, eff. Jan. 1, 1997.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 325 - Embalmers and Funeral Directors › Section 325:36 - Reinstatement Applications.

325:36 Reinstatement Applications. –
Any person whose license has been revoked may be summarily denied relicensure, except as the board may have otherwise provided in its revocation order. Persons whose licenses have lapsed for nonrenewal shall not again be licensed without filing an application for reinstatement which contains such information as the board may by rule require for the purpose of determining whether the applicant retains the level of professional qualifications expected of existing practitioners. However, persons who have not practiced funeral directing and embalming on a full-time basis in a jurisdiction with license requirements comparable to those of this state for more than 5 years since they were last licensed in New Hampshire shall retake the license examination and meet all other requirements for initial licensure.
Source.
1935, 95:1. RL 168:36. RSA 325:36. 1996, 283:15, eff. Jan. 1, 1997.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 325 - Embalmers and Funeral Directors › Section 325:37 - Deceased Director.

325:37 Deceased Director. –
The widow or widower of a licensed funeral director or the wife or husband of one who is incapacitated may continue to administer his or her business providing she or he employs a person who holds the required license.
Source.
1935, 95:1. RL 168:37. RSA 325:37. 1977, 480:1. 1981, 487:23, eff. July 1, 1981.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 325 - Embalmers and Funeral Directors › Section 325:38 - Securing of Business.

325:38 Securing of Business. –
It shall be unlawful for any funeral director or embalmer, or the agents or representatives thereof, directly or indirectly, to pay or cause to be paid any sum of money or other valuable consideration for the securing of business.
Source.
1935, 95:1. RL 168:39.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 325 - Embalmers and Funeral Directors › Section 325:39 - Repealed by 2021, 197:56, VI, eff. July 1, 2021.

325:39 Repealed by 2021, 197:56, VI, eff. July 1, 2021. –
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 325 - Embalmers and Funeral Directors › Section 325:40 - Sudden, Accidental or Suspicious Deaths.

325:40 Sudden, Accidental or Suspicious Deaths. –
No person shall inject into any cavity or artery of the body of any person who has died from an accidental or sudden death, or under suspicious circumstances, any fluid or substance until a legal certificate of the cause of death has been obtained from the attending physician or medical referee, nor until a legal investigation has determined the cause of death. If a criminal cause of death is alleged or suspected, no fluid or other substance shall be injected into a body until the cause of death is legally established.
Source.
1935, 95:1. RL 168:41. RSA 325:40.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 325 - Embalmers and Funeral Directors › Section 325:40-a - Repealed by 2022, 192:2, eff. Aug. 16, 2022.

325:40-a Repealed by 2022, 192:2, eff. Aug. 16, 2022. –
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 325 - Embalmers and Funeral Directors › Section 325:40-b - Care of Deceased Human Bodies.

325:40-b Care of Deceased Human Bodies. –
If final disposition has not occurred within 48 hours after the funeral home obtains actual physical custody of the body, the body shall be embalmed or maintained at a temperature of under 40 degrees Fahrenheit or encased in a closed container with methods employed to prevent leakage.
Source.
2022, 192:1, eff. Aug. 16, 2022.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 325 - Embalmers and Funeral Directors › Section 325:41 - Embalming Fluids.

325:41 Embalming Fluids. –
The sale or use for embalming purposes of any fluid containing arsenic, zinc, mercury, copper, lead, silver, antimony, chloral, or cyanogen, or any compound containing any of these, or any poisonous alkaloid, is prohibited, and all brands of embalming compounds used within the state shall be subject to test and approval by the department of health and human services.
Source.
1935, 95:1. RL 168:42. RSA 325:41. 1983, 293:1. 1995, 310:181, eff. Nov. 1, 1995.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 325 - Embalmers and Funeral Directors › Section 325:42 - Repealed by 2021, 197:56, VII, eff. July 1, 2021.

325:42 Repealed by 2021, 197:56, VII, eff. July 1, 2021. –
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 325 - Embalmers and Funeral Directors › Section 325:43 - Penalty.

325:43 Penalty. –
I. A person shall be guilty of a class A misdemeanor if a natural person, or a felony if any other person, who:
(a) Performs embalming without being licensed under this chapter.
(b) Makes funeral arrangements, unless such person is a funeral director, next-of-kin as defined in RSA 290:16, IV, or designated agent under RSA 290:17.
II. A person shall be guilty of a class B misdemeanor if a natural person, or a felony if any other person, who:
(a) Being in the funeral business, employs an unlicensed person, other than an apprentice, to make funeral arrangements or perform embalming, unless the person is exempted under this chapter.
(b) Fraudulently procures a license under this chapter.
(c) Violates any provision of this chapter or rule adopted by the board.
Source.
1935, 95:1. RL 168:58. RSA 325:43. 1973, 528:213. 1983, 325:8. 1987, 134:6. 1996, 283:16, 17. 1999, 62:7, 8. 2006, 76:6, eff. July 1, 2006.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 325 - Embalmers and Funeral Directors › Section 325:44 - Burial Associations Prohibited.

325:44 Burial Associations Prohibited. –
It shall be unlawful for any person to engage in, promote or participate, directly or indirectly, in any scheme or plan in the nature of a burial association or in a so-called chain of burial or funeral establishments.
Source.
1935, 95:1. RL 168:38. RSA 325:44.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 325 - Embalmers and Funeral Directors › Section 325:45 - Funds to be Deposited.

325:45 Funds to be Deposited. –
All moneys paid during a person's lifetime to any individual, firm, association, partnership, or corporation engaged in performing funeral services by such person or by someone in such person's behalf under an agreement that services be performed or merchandise be delivered in connection with the disposition of such person's body after the person's death shall be deposited by the payee within 30 days after receipt in a separate account in a bank, trust company, credit union, savings institution, licensed insurance company, or bonded, registered broker-dealer in this state in the name of the payee as mortuary trustee for the person for whose benefit the payment was made, and shall be held in such account together with any interest accrued. Nothing in this section shall be construed to prevent transfer of such funds to another such bank, trust company, credit union, savings institution, licensed insurance company, or bonded, registered broker-dealer by merger or consolidation or by operation of law. A mortuary trustee shall provide evidence of the original deposit and any subsequent deposits to the payor within 30 days after deposit into the separate account and shall provide evidence of any subsequent transfer of funds, as permitted by this section, to the payor within 30 days after effecting such transfer of funds. A copy of a written receipt or statement of deposit issued by the bank, trust company, credit union, savings institution, licensed insurance company, or bonded, registered broker-dealer, shall be sufficient as evidence of deposit or transfer for the purposes of this section. For purposes of this section, a mortuary trustee shall include any person or organization holding money in trust in connection with a pre-paid funeral.
Source.
1971, 332:1. 1995, 76:1. 1998, 231:1, eff. Aug. 23, 1998.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 325 - Embalmers and Funeral Directors › Section 325:46 - Withdrawal of Funds.

325:46 Withdrawal of Funds. –
Such funds may be withdrawn, if otherwise lawful, by the payee on written instructions of the person who originally paid the money or such person's legal representative if the account was opened as revokable. Such funds may be withdrawn, if otherwise lawful, by the payee upon the death of the person for whose benefit such funds were paid, to be used in accordance with the agreement, which shall be filed with the bank, trust company, savings institution, licensed insurance company, or bonded, registered broker-dealer.
Source.
1971, 332:1. 1995, 76:1, eff. July 8, 1995.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 325 - Embalmers and Funeral Directors › Section 325:47 - Institution Absolved From Liability.

325:47 Institution Absolved From Liability. –
Such bank, trust company, savings institution, licensed insurance company, or bonded, registered broker-dealer shall be discharged from liability for payment of the funds in any such account upon presentation of a written consent to withdrawal signed by the party who paid the funds or such party's legal representative, if such account is revokable, and by the payee, or upon presentation of proof of death of such person for whose benefit such funds were paid. This section shall not apply to the sale of cemetery lots, crypts, niches, cemetery burial privileges, cemetery space or perpetual care.
Source.
1971, 332:1. 1995, 76:1, eff. July 8, 1995.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 325 - Embalmers and Funeral Directors › Section 325:48 - Employment Prohibited.

325:48 Employment Prohibited. –
No person holding a license under this chapter shall be employed as a funeral home, funeral establishment, funeral director or embalmer by a cemetery, cemetery association, or cemetery corporation, nor shall such person own or control a cemetery, cemetery association, or cemetery corporation. This section shall not prohibit such person from (1) serving as an officer, director, or trustee of a cemetery, cemetery association or cemetery corporation without pay or for a salary not exceeding $500 per year or (2) employment by a cemetery, cemetery association or cemetery corporation in capacities other than that of a funeral home, funeral establishment, funeral director or embalmer, or (3) taking bodies out of a grave or transferring such bodies to other graves.
Source.
1971, 332:1. 1986, 191:5, eff. July 28, 1986.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 325 - Embalmers and Funeral Directors › Section 325:49 - Solicitation Prohibited.

325:49 Solicitation Prohibited. –
No funeral home, funeral establishment, crematories, memorial societies, burial associations, cemetery, cemetery associations or person holding a license under this chapter shall as, or through, an agent or principal solicit a prearranged funeral service or plan for any person or persons. "Prearranged funeral service or plan" shall mean any funeral service or plan which is arranged, planned or determined prior to the demise of a person or persons for whom the funeral service is to be performed. Funeral homes, funeral establishments, crematories, memorial societies, burial associations, cemetery, cemetery associations and licensees under this chapter may enter into contracts or agreements for prearranged funeral services or plans provided that they do not in any manner either as, or through, principals or agents solicit such contract or agreement.
Source.
1971, 332:1, eff. July 1, 1971.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 325 - Embalmers and Funeral Directors › Section 325:50 - Certain Payments Prohibited.

325:50 Certain Payments Prohibited. –
No funeral home, funeral establishment, crematories, memorial societies, burial associations, cemetery, cemetery associations or person licensed under this chapter shall pay or cause to be paid, directly or indirectly, any money or other thing of value to a person not responsible for payment for the funeral as a commission or gratuity for the securing of business for such funeral home, establishment or licensee.
Source.
1971, 332:1, eff. July 1, 1971.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 325-A - Cremation of Human Remains › Section 325-A:1 - Definitions.

325-A:1 Definitions. –
In this chapter:
I. "Alternative container" means a container in which human remains are placed in a cremation chamber for cremation.
II. "Authorizing agent" means a person vested with the right to control the disposition of human remains pursuant to RSA 290.
III. "Board" means the state board of registration of funeral directors and embalmers established under RSA 325:2.
IV. "Casket" means a rigid container made of wood, metal, or other similar material, ornamented and lined with fabric, which is designed for the encasement of human remains.
V. "Cremated remains" means the residue of human remains recovered after cremation and the processing of such remains by pulverization, leaving only bone fragments reduced to unidentifiable dimensions, and the unrecoverable residue of any foreign matter, such as eyeglasses, bridgework, or other similar material, that was cremated with the human remains.
VI. "Cremated remains receipt form" means a form provided by a crematory authority to an authorizing agent or his or her representative that identifies cremated remains and the person authorized to receive such remains.
VII. "Cremation" means the technical process that uses heat and evaporation to reduce human remains to bone fragments.
VIII. "Cremation chamber" means the enclosed space within which a cremation takes place.
IX. "Crematory" means a building or portion of a building which contains a cremation chamber and holding facility.
X. "Crematory authority" means the legal entity subject to licensure by the board to maintain and operate a crematory and perform cremation.
XI. "Crematory operator" means a person who is responsible for the operation of a crematory.
XII. "Delivery receipt form" means a form provided by a funeral establishment to a crematory authority to document the receipt of human remains by such authority for the purpose of cremation.
XIII. "Funeral director" means funeral director as defined in RSA 325.
XIV. "Holding facility" means the area of a crematory designated for the retention of human remains prior to cremation and includes a refrigerated facility.
XV. "Human remains" means the body of a deceased person, or a human body part, in any stage of decomposition and includes limbs or other portions of the anatomy that are removed from a person or human remains for medical purposes during treatment, surgery, biopsy, autopsy, or medical research.
XVI. "Permanent container" means a receptacle made of durable material for the long-term placement of cremated remains.
XVII. "Temporary container" means a receptacle made of cardboard, plastic, or other similar material in which cremated remains are placed prior to the placement of such remains in an urn or other permanent container.
Source.
2006, 288:2, eff. July 1, 2006.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 325-A - Cremation of Human Remains › Section 325-A:2 - Crematory; License Required.

325-A:2 Crematory;  License Required. –
A crematory shall not be established, operated, or maintained in this state except by a crematory authority licensed by the board under this chapter. The board shall issue a license to a crematory authority that satisfies the requirements for licensure under the chapter. Human remains shall not be cremated in this state except at a crematory operated by a crematory authority licensed under this chapter.
Source.
2006, 288:2, eff. July 1, 2006.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 325-A - Cremation of Human Remains › Section 325-A:3 - Building and Location Requirements.

325-A:3 Building and Location Requirements. –
I. A crematory shall conform to all building codes and environmental regulations.
II. A crematory may be constructed at any location consistent with applicable zoning and environmental regulations.
III. A person intending to construct a crematory shall, upon application for a building permit, provide notice of the intent to all owners of property within 250 feet of the proposed crematory by verified mail, as defined in RSA 21:53.
Source.
2006, 288:2, eff. July 1, 2006. 2018, 150:1, eff. Jan. 1, 2019. 2019, 242:3, eff. Oct. 10, 2019.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 325-A - Cremation of Human Remains › Section 325-A:4 - License; Application; Requirements; Fee.

325-A:4 License;  Application;  Requirements;  Fee. –
An applicant for an initial or renewal license as a crematory authority shall file a written application with the board. The application shall be accompanied by the license fee required under RSA 325-A:7 and a certificate confirming that the crematory operator has attended, prior to issuance of the license, a training course provided by the Cremation Association of North America or by the manufacturer of the cremation chamber maintained and operated by the crematory authority and shall set forth the full name and address of the applicant, the address and location of the crematory, the name of the crematory operator, the name and address of the owner of the crematory, and additional information as required by the board, including affirmative evidence of the applicant's ability to comply with rules adopted under this chapter. The application shall include the applicant's social security number if the applicant is an individual. The social security number shall not be public record and shall only be used for administrative purposes.
Source.
2006, 288:2, eff. July 1, 2006.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 325-A - Cremation of Human Remains › Section 325-A:5 - License; Expiration.

325-A:5 License;  Expiration. –
Except as otherwise provided in this chapter, licenses issued pursuant to this chapter shall expire 5 years after the date of issuance. Licenses shall be issued only for the crematory authority named in the application and shall not be transferable or assignable.
Source.
2006, 288:2, eff. July 1, 2006.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 325-A - Cremation of Human Remains › Section 325-A:6 - Change in Location, Ownership, or Name.

325-A:6 Change in Location, Ownership, or Name. –
I. A crematory authority desiring to relocate a crematory shall file a written application with the board at least 30 days prior to the designated date of such relocation. The application shall be accompanied by a fee as determined by the board in rules adopted under RSA 541-A.
II. A crematory authority desiring to change ownership of a crematory shall file a written application with the board at least 30 days prior to the designated date of such change. The application shall be accompanied by a fee as determined by the board in rules adopted under RSA 541-A.
III. A crematory authority desiring to change its name shall file a written application with the board at least 30 days prior to such change. The application shall be accompanied by a fee as determined in rules adopted under RSA 541-A.
Source.
2006, 288:2, eff. July 1, 2006.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 325-A - Cremation of Human Remains › Section 325-A:7 - Licensure; Fees.

325-A:7 Licensure;  Fees. –
I. The application for an initial or renewal license as a crematory authority shall include a fee determined in rules adopted under RSA 541-A.
II. If the license application is denied, the license fee shall be returned to the applicant, except that the board may retain an administrative fee and may retain the entire license fee if an inspection has been completed prior to such denial.
III. The board shall collect a fee for reinstatement of a license that has lapsed or has been suspended. The board shall collect a fee for a duplicate original license.
IV. The board shall collect a fee for a certified statement that a crematory authority is licensed in this state and a fee for verification that a crematory authority is licensed in this state.
V. All fees collected by the board under this chapter shall be remitted to the state treasurer for deposit in the general fund of the state.
Source.
2006, 288:2, eff. July 1, 2006.