reglab/statecodes huggingface dataset:
Nevada Administrative Code › Chapter 641C - Alcohol, Drug and Gambling Counselors › ADMINISTRATIVE PROCEEDINGS › Hearings › Section 641C.630 - Petition for rehearing

Current through June 11, 2024
1. Not later than
				10 days after the date on which the Board decides or issues an order on a
				matter before the Board, a party who is aggrieved by the decision or order may
				apply for a rehearing by filing with the Board a written petition that sets
				forth sufficient information that:
(a) A
				material mistake or fraud occurred which affected the decision or order of the
				Board; or
(b) Previously
				unavailable material evidence has been discovered.
The Board will not consider any other grounds or information
				  in determining whether to grant a petition for a rehearing.
Nevada Administrative Code › Chapter 641C - Alcohol, Drug and Gambling Counselors › ADMINISTRATIVE PROCEEDINGS › Disciplinary Proceeding › Section 641C.632 - Action by Board after hearing

Current through June 11, 2024
1. After a hearing
				on the merits in a disciplinary proceeding, if the Board finds that the
				respondent is:
(a) Not guilty as charged in
				the formal complaint, the Board will issue a final order or decision dismissing
				the charges and notify the respondent that the charges have been
				dismissed.
(b) Guilty as charged in
				the formal complaint, the Board will:
(1)
				Before agreeing on a punishment, consider all relevant factors, including,
				without limitation:
(I) The danger to the
				health or safety of the public from the violation;
(II) The economic benefit received by the
				respondent from the violation;
(III) Any mitigation or aggravation by the
				respondent of the effects of the violation;
(IV) The extent to which the respondent
				demonstrates his or her good faith;
(V) Any previous history of violations by the
				respondent;
(VI) Whether the
				respondent knew or, as a competent person, should have known that the action
				complained of was a violation of law, regulation or a condition of his or her
				license or certificate;
(VII)
				Whether the respondent has initiated remedial measures to prevent similar
				violations;
(VIII) The magnitude of
				penalties imposed on other licensees or persons with certificates for similar
				violations;
(IX) The
				proportionality of the penalty in relation to the misconduct; and
(X) If the respondent offered evidence of
				mitigating factors, all such evidence;
(2) Agree upon punishment that may, in
				addition to any other sanction authorized pursuant to this chapter or chapter
				641C of NRS, require the respondent to:
(I)
				Fulfill certain training or educational requirements; and
(II) Pay costs incurred by the Board relating
				to the disciplinary proceedings; and
(3) Issue and serve the final order or
				decision of the Board on the respondent.
Nevada Administrative Code › Chapter 641C - Alcohol, Drug and Gambling Counselors › ADMINISTRATIVE PROCEEDINGS › Miscellaneous Petitions › Section 641C.635 - Petition for declaratory order or advisory opinion: Scope of consideration

Current through June 11, 2024
The Board will consider petitions for declaratory orders or
				  advisory opinions regarding the applicability of any statutory provision or any
				  regulation or order of the Board.
Added to NAC by Bd. of
				  Exam'rs for Alcohol & Drug Abuse Counselors by R097-00, eff.
				  8-9-2000
NRS
					 641C.200
Nevada Administrative Code › Chapter 641C - Alcohol, Drug and Gambling Counselors › ADMINISTRATIVE PROCEEDINGS › Miscellaneous Petitions › Section 641C.640 - Petition for declaratory order or advisory opinion: Action by Board

Current through June 11, 2024
1. Upon receiving a petition for a
				declaratory order or an advisory opinion, the Board will place the matter on
				the agenda for discussion at the next regularly scheduled meeting of the Board.
				If a petition for a declaratory order or an advisory opinion is filed with the
				Board within the 10 days immediately preceding the date of the next regularly
				scheduled meeting of the Board, the petition will be placed on the agenda for
				discussion at the following regularly scheduled meeting of the Board.
2. After discussing and considering a
				petition for a declaratory order or an advisory opinion at its meeting, the
				Board will grant or deny the petition. If the Board denies a petition for a
				declaratory order or an advisory opinion, the Board will take no further action
				on the matter.
3. If the Board
				grants a petition for a declaratory order or an advisory opinion, the Board
				will issue a declaratory order or an advisory opinion on the matters raised in
				the petition for a declaratory order or an advisory opinion not later than 90
				days after the date on which the Board grants the petition, except that the
				Board may extend the period by which it will issue the declaratory order or
				advisory opinion to not more than 120 days if good cause exists for such an
				extension. The Board may schedule a hearing on any issue raised in a petition
				for a declaratory order or an advisory opinion before the Board issues its
				declaratory order or advisory opinion. The Board will consider such a hearing
				as being sufficient good cause to warrant an extension for issuing its
				declaratory order or advisory opinion.
Added to NAC by Bd. of
				  Exam'rs for Alcohol & Drug Abuse Counselors by R097-00, eff.
				  8-9-2000
NRS
					 641C.200
Nevada Administrative Code › Chapter 641C - Alcohol, Drug and Gambling Counselors › ADMINISTRATIVE PROCEEDINGS › Miscellaneous Petitions › Section 641C.645 - Petition for declaratory order or advisory opinion: Preparation of order or opinion; notice to petitioner

Current through June 11, 2024
1. If the Board
				determines that it should address any issue set forth in a petition for a
				declaratory order or an advisory opinion, the presiding officer of the Board
				shall assign one member of the Board to write a declaratory order or an
				advisory opinion on the issue.
2.
				Within 60 days immediately following the date on which a member of the Board is
				assigned to write a declaratory order or an advisory opinion on an issue, the
				member of the Board shall:
(a) Review the
				comments of all members of the Board on the issue;
(b) Research the issue and, if necessary,
				seek the assistance of the attorney general; and
(c) Submit a draft of his or her declaratory
				order or advisory opinion to the Board for its approval.
Nevada Administrative Code › Chapter 641C - Alcohol, Drug and Gambling Counselors › ADMINISTRATIVE PROCEEDINGS › Miscellaneous Petitions › Section 641C.650 - Petition for declaratory order or advisory opinion: Violation of order or opinion

Current through June 11, 2024
Any act by a counselor or certified intern in contradiction
				  to or violation of a finding of fact, conclusion of law or order made by the
				  Board, or of a declaratory order or advisory opinion issued by Board
				  constitutes unprofessional conduct.
Added to NAC by Bd. of
				  Exam'rs for Alcohol & Drug Abuse Counselors by R097-00, eff.
				  8-9-2000
NRS
					 641C.200
Nevada Administrative Code › Chapter 641C - Alcohol, Drug and Gambling Counselors › ADMINISTRATIVE PROCEEDINGS › Miscellaneous Petitions › Section 641C.655 - Petition for adoption, amendment or repeal of regulation

Current through June 11, 2024
1. A petition for the adoption, amendment or
				repeal of a regulation of the Board must be in writing, prepared in a form
				approved by the Board and filed with the Board.
2. Except as otherwise provided in this
				section, if the Board receives a petition for the adoption, amendment or repeal
				of a regulation of the Board:
(a) More than
				30 days before the next regularly scheduled meeting of the Board, the Board
				will place the petition on the agenda of the next regularly scheduled meeting
				of the Board; or
(b) Within the 30
				days immediately preceding the next regularly scheduled meeting of the Board,
				the Board will place the petition on the agenda for the following regularly
				scheduled meeting of the Board,
for discussion to determine whether the petition should be
				  denied or procedures for the adoption, amendment or repeal of a regulation
				  should be commenced.
Nevada Administrative Code › Chapter 642 - Funeral Directors, Embalmers and Operators of Cemeteries and Crematories › GENERAL PROVISIONS › Section 642.Sec. 2 - NEW

Current through June 11, 2024
1. The Board may accept an apprenticeship
			 under an embalmer who holds a valid and unrestricted license in another state
			 or the completion of practical experience in a similar position in another
			 state to satisfy the requirements of
			 NRS
			 642.080 if:
(a) The apprenticeship under an embalmer
			 licensed in another state or completion of practical experience in a similar
			 position in another state had substantially the same requirements as set forth
			 in NRS
			 642.080;
(b) The applicant is a person serving on
			 active duty in the Armed Forces of the United States or the spouse of a person
			 serving on active duty in the Armed Forces of the United States; and
(c) The applicant holds a valid and
			 unrestricted license to practice the profession of embalming in another
			 state.
Nevada Administrative Code › Chapter 642 - Funeral Directors, Embalmers and Operators of Cemeteries and Crematories › GENERAL PROVISIONS › Section 642.Sec. 3 - NEW

Current through June 11, 2024
1. The Board will periodically review the
			 training programs in secondary or postsecondary education for occupational,
			 vocational, career, trade or technical education approved by the State Board of
			 Education relating to funeral directors, funeral arrangers, embalmers and
			 operators of funeral establishments, cemeteries and direct cremation facilities
			 to determine whether to grant equivalent credit towards any requirement for the
			 issuance of a license, permit or certificate pursuant to chapter 451, 452 or
			 642 of NRS.
2. A person may
			 petition the Board for a review of a training program in secondary or
			 postsecondary education for occupational, vocational, career, trade or
			 technical education approved by the State Board of Education to determine
			 whether to grant equivalent credit towards any requirement for the issuance of
			 a license, permit or certificate pursuant to chapter 451, 452 or 642 of NRS.
			 The Board will provide a determination to a person who has petitioned the Board
			 for a review of a training program pursuant to this subsection within 90 days
			 after the date the petition was submitted.
3. The Board may grant equivalent credit
			 towards a requirement for the issuance of a license, permit or certificate
			 pursuant to chapter 451, 452 or 642 of NRS for a training program reviewed
			 pursuant to subsection 1 or 2 if the training program is consistent with the
			 requirements for the issuance of a license, permit or certificate pursuant to
			 chapter 451, 452 or 642 of NRS.
Added to NAC by Funeral Bd. by
				R001-22A,
				eff. 12/29/2022
NRS 622.087,
				  642.063
Nevada Administrative Code › Chapter 642 - Funeral Directors, Embalmers and Operators of Cemeteries and Crematories › GENERAL PROVISIONS › Section 642.Sec. 4 - NEW

Current through June 11, 2024
If an applicant is:
1.
			 An active member of, or the spouse of an active member of, the Armed Forces of
			 the United States, the applicant is exempt from payment of the fee set forth in
			 NRS
			 642.0696 for an application for a license,
			 certificate or permit issued by the Board pursuant to chapter 451, 452 or 642
			 of NRS.
2. A veteran or the
			 surviving spouse of a veteran, the Board will charge one-half of the fee set
			 forth in NRS
			 642.0696 for an application for a license,
			 certificate or permit issued by the Board pursuant to chapter 451, 452 or 642
			 of NRS.
Added to NAC by Funeral Bd. by
				R001-22A,
				eff. 12/29/2022
NRS 622.510,
				  642.063
Nevada Administrative Code › Chapter 642 - Funeral Directors, Embalmers and Operators of Cemeteries and Crematories › GENERAL PROVISIONS › Section 642.010 - Definitions

Current through June 11, 2024
As used in this chapter, unless the context otherwise requires,
				the words and terms defined in NRS to 642.0175, inclusive, have the meanings
				ascribed to them in those sections.
Added to NAC by Funeral
				Bd. by R043-02, eff. 11-26-2003
NRS 642.063
Nevada Administrative Code › Chapter 642 - Funeral Directors, Embalmers and Operators of Cemeteries and Crematories › GENERAL PROVISIONS › Section 642.015 - "Continuing education" defined

Current through June 11, 2024
"Continuing education" means educational experiences in the
				form of a workshop, seminar, lecture, conference, class, meeting of the Board
				or other course of instruction related to the funeral
				industry.
Added to NAC
				by Funeral and Cemetery Svcs. Bd. by
				R067-15A,
				eff. 11/2/2016
NRS
				642.063
Nevada Administrative Code › Chapter 642 - Funeral Directors, Embalmers and Operators of Cemeteries and Crematories › GENERAL PROVISIONS › Section 642.020 - "Hour of continuing education" defined

Current through June 11, 2024
"Hour of continuing education" means 50 minutes of
				participation in continuing education.
Added to NAC
				by Funeral and Cemetery Svcs. Bd. by
				R067-15A,
				eff. 11/2/2016
NRS
				642.063
Nevada Administrative Code › Chapter 642 - Funeral Directors, Embalmers and Operators of Cemeteries and Crematories › GENERAL PROVISIONS › Section 642.030 - Funeral establishment: "Inventory of funeral caskets" interpreted

Current through June 11, 2024
The Board interprets the term "inventory of funeral caskets,"
				as used in
				NRS
				642.016, to mean an inventory that consists
				of one or more of the following:
1. A
			 complete, full-size funeral casket.
2. A partial funeral casket, or cross section
			 of a funeral casket, that:
(a) Is executed in
			 the same scale as a full-size casket; and
(b) Includes a portion of a complete casket,
			 and each significant feature or component thereof, sufficient to provide a
			 prospective purchaser with information that is reasonably equivalent to that
			 obtainable from inspection of a complete casket.
Nevada Administrative Code › Chapter 642 - Funeral Directors, Embalmers and Operators of Cemeteries and Crematories › GENERAL PROVISIONS › Section 642.035 - Funeral Directors: "Manage" interpreted

Current through June 11, 2024
For the purposes of NRS 642.465, the Board interprets the term
				"manage" to not include the management of administrative matters, including,
				without limitation, issues relating to budgeting, accounting, personnel matters
				and routine clerical matters.
Added to NAC
				by Funeral and Cemetery Svcs. Bd. by
				R067-15A,
				eff. 11/2/2016
NRS
				642.063
Nevada Administrative Code › Chapter 642 - Funeral Directors, Embalmers and Operators of Cemeteries and Crematories › GENERAL PROVISIONS › Section 642.040 - Apprentice embalmers: "Full-time employees" interpreted

Current through June 11, 2024
The Board interprets the term "full-time employees," as used in
				NRS
				642.180, to mean employees who work not less
				than 32 hours a week.
Added to NAC by Funeral
				Bd. by R021-04, eff. 10-31-2005 - Substituted in revision for NAC
				642.300.
NRS 642.063,
				  642.180
Nevada Administrative Code › Chapter 642 - Funeral Directors, Embalmers and Operators of Cemeteries and Crematories › GENERAL PROVISIONS › Section 642.050 - Recusal of Board member from proceedings of Board; disclosure required

Current through June 11, 2024
1. In addition to any requirements for
			 recusal set forth in chapter 281 of NRS, a member of the Board must recuse
			 himself or herself from proceedings of the Board involving a matter in which
			 the member of the Board:
(a) Has a conflict of
			 interest;
(b) Is unable to
			 participate in a fair and impartial manner; or
(c) Was active in any part of an
			 investigation of the matter.
Nevada Administrative Code › Chapter 642 - Funeral Directors, Embalmers and Operators of Cemeteries and Crematories › LICENSES, PERMITS AND CERTIFICATES › Section 642.080 - Temporary authorization to engage in certain regulated activities while application is pending: Issuance; scheduling of application for action by Board

Current through June 11, 2024
1. The Chair of the
			 Board will issue a temporary authorization pursuant to
			 NRS
			 642.515, on behalf of the Board, if the
			 applicant meets the requirements of that section and is applying for:
(a) Approval to manage a funeral
			 establishment or direct cremation facility pursuant to
			 NRS
			 642.345, as amended by section 31 of Senate
			 Bill No. 286, chapter 348, Statutes of Nevada 2015, at page 1958;
(b) A permit to operate a direct cremation
			 facility pursuant to section 5 of Senate Bill No. 286, chapter 348, Statutes of
			 Nevada 2015, at page 1950 (NRS
			 642.368 );
(c) A permit to operate a funeral
			 establishment pursuant to NRS
			 NRS
			 642.365; or
(d) A license as an operator of a crematory
			 pursuant to NRS
			 NRS
			 451.635.
Nevada Administrative Code › Chapter 642 - Funeral Directors, Embalmers and Operators of Cemeteries and Crematories › LICENSES, PERMITS AND CERTIFICATES › Section 642.085 - Initial assessment of applicant's good moral character; consideration of aggravating or mitigating factors after initial assessment

Current through June 11, 2024
1. In determining whether an applicant is of
			 good moral character for the purpose of the issuance of a license, permit or
			 certificate pursuant to chapter 451, 452 or 642 of NRS, the Board will
			 establish an initial assessment that the person is of good moral character if
			 the person:
(a) Has never been convicted in a
			 court of competent jurisdiction of a category A or B felony;
(b) Has not, within the 7 years immediately
			 preceding the date of application for the issuance of the license, permit or
			 certificate, been convicted in a court of competent jurisdiction of a gross
			 misdemeanor or category C, D or E felony;
(c) Has not, within the 7 years immediately
			 preceding the date of application for the issuance of the license, permit or
			 certificate, been convicted in a court of competent jurisdiction of a
			 misdemeanor that has a reasonable relationship to the person's license, permit
			 or certificate;
(d) Is not
			 currently incarcerated or on parole or probation after a period of imprisonment
			 in a local, state or federal penal institution;
(e) Has not engaged in fraud or
			 misrepresentation in connection with an application for issuance of a license,
			 permit or certificate issued pursuant to chapter 451, 452 or 642 of NRS or an
			 examination required for issuance of the license, permit or
			 certificate;
(f) Has not, within
			 the 7 years immediately preceding the date of application for the issuance of
			 the license, permit or certificate, had a license, permit or certificate
			 revoked by the Board or by the funeral services licensing authority of any
			 other jurisdiction;
(g) Does not
			 currently hold a suspended license, permit or certificate or has not, within
			 the 2 years immediately preceding the date of application for the issuance of
			 the license, permit or certificate, had a license, permit or certificate
			 suspended by the Board or by the funeral services licensing authority of any
			 other jurisdiction, unless the suspension is pending final
			 adjudication;
(h) Has not, within
			 the 7 years immediately preceding the date of application for the issuance of
			 the license, permit or certificate, surrendered a license, permit or
			 certificate to the Board or the funeral licensing authority of any other
			 jurisdiction in lieu of disciplinary action; and
(i) Has not practiced funeral directing or
			 embalming without a license in this State or any other jurisdiction that
			 requires licensure to perform those activities.
Nevada Administrative Code › Chapter 642 - Funeral Directors, Embalmers and Operators of Cemeteries and Crematories › LICENSES, PERMITS AND CERTIFICATES › Section 642.090 - Funeral director's license: Transfer to different funeral establishment

Current through June 11, 2024
1. A person who is licensed as a funeral
			 director may apply to the Board for approval to transfer the person's license
			 from the funeral establishment or direct cremation facility which he or she has
			 been approved to manage to a different funeral establishment or direct
			 cremation facility.
2. An
			 application submitted pursuant to this section must be on a form provided by
			 the Board and must be accompanied by:
(a)
			 Payment or proof of payment of the renewal fee or the transfer fee set forth in
			 NRS 642.0696;
			 and
(b) Proof satisfactory to the
			 Board that the funeral establishment or direct cremation facility to which the
			 applicant wishes to transfer has a valid permit to operate a funeral
			 establishment or direct cremation facility.
Nevada Administrative Code › Chapter 642 - Funeral Directors, Embalmers and Operators of Cemeteries and Crematories › LICENSES, PERMITS AND CERTIFICATES › Section 642.095 - Permit or license to operate funeral establishment, direct cremation facility or crematory: Transfer of business to another location; inspection of new location

Current through June 11, 2024
1. If the holder of
			 a permit or license, as applicable, to operate a funeral establishment, direct
			 cremation facility or crematory wishes to transfer his or her established place
			 of business to another location, the holder of the permit or license must:
(a) Notify the Board at least 30 days before
			 changing the location of the funeral establishment, direct cremation facility
			 or crematory;
(b) Apply to the
			 Board on a form prescribed by the Board for a transfer of the permit or license
			 to the new location; and
(c) Pay
			 the applicable fee prescribed in
			 NRS
			 642.0696.
Nevada Administrative Code › Chapter 642 - Funeral Directors, Embalmers and Operators of Cemeteries and Crematories › LICENSES, PERMITS AND CERTIFICATES › Section 642.100 - License to operate crematory: Payment of fees for renewal

Current through June 11, 2024
1. On or before January 1 of each
			 even-numbered year, a person who is licensed to operate a crematory pursuant to
			 chapter 451 of NRS shall pay the fee set forth in
			 NRS 642.0696 to
			 renew his or her license. If the person does not pay the required fee before
			 February 1 of that even-numbered year, the licensee shall pay the late fee set
			 forth in
			 NRS 642.0696 in
			 addition to the renewal fee.
2. The
			 Board will not accept an application for the renewal of a license to operate a
			 crematory submitted after March 1 of an even-numbered year.
Added to NAC by Bd. of
				Funeral Dir., Embalmers, Cemeteries & Crematories, eff. 11-1-95; A by
				Funeral Bd. by R043-02, 11-26-2003; A by
				R067-15A,
				eff. 11/2/2016
NRS
				NRS 642.063
Nevada Administrative Code › Chapter 642 - Funeral Directors, Embalmers and Operators of Cemeteries and Crematories › LICENSES, PERMITS AND CERTIFICATES › Section 642.103 - Permit to operate funeral establishment or direct cremation facility: Application for renewal not accepted after March 1 of even-numbered years

Current through June 11, 2024
The Board will not accept an application for renewal of a
				permit to operate a funeral establishment or direct cremation facility
				submitted after March 1 of an even-numbered year.
Added to NAC
				by Funeral and Cemetery Svcs. Bd. by
				R067-15A,
				eff. 11/2/2016
NRS
				642.063
Nevada Administrative Code › Chapter 642 - Funeral Directors, Embalmers and Operators of Cemeteries and Crematories › LICENSES, PERMITS AND CERTIFICATES › Section 642.110 - Certificate of authority to operate cemetery: Payment of fees for renewal

Current through June 11, 2024
1. On or before January 1 of each
			 even-numbered year, a person who holds a certificate of authority to operate a
			 cemetery issued pursuant to chapter 452 of NRS shall pay the fee set forth in
			 NRS 642.0696 to
			 renew the certificate. If he or she does not pay the required fee before
			 February 1 of that even-numbered year, the holder of the certificate shall pay
			 the late fee set forth in
			 NRS 642.0696 in
			 addition to the renewal fee.
2. The
			 Board will not accept an application for the renewal of a certificate of
			 authority to operate a cemetery submitted after March 1 of an even-numbered
			 year.
Added to NAC by Bd. of
				Funeral Dir., Embalmers, Cemeteries & Crematories, eff. 11-1-95; A by
				Funeral Bd. by R043-02, 11-26-2003; A by
				R067-15A,
				eff. 11/2/2016
NRS
				NRS 642.063
Nevada Administrative Code › Chapter 642 - Funeral Directors, Embalmers and Operators of Cemeteries and Crematories › LICENSES, PERMITS AND CERTIFICATES › Section 642.112 - Registered apprentice embalmer: Failure to pass examination for licensure within required time frame; reapplication for registration after required waiting period

Current through June 11, 2024
1. A person who
			 holds a certificate of registration as a registered apprentice and does not
			 successfully pass the examination for a license to practice the profession of
			 embalming within a period of 2 consecutive years as required by
			 NRS
			 642.300 must wait at least 1 year after the
			 expiration of that period before reapplying for a new certificate of
			 registration as a registered apprentice pursuant to
			 NRS
			 642.190.
2. The Board will not give a person any
			 credit toward the 1 year of apprenticeship required for a license to practice
			 the profession of embalming for any time spent on the initial apprenticeship
			 described in subsection 1.
Added to NAC
				by Funeral and Cemetery Svcs. Bd. by
				R067-15A,
				eff. 11/2/2016
NRS
				642.063
Nevada Administrative Code › Chapter 642 - Funeral Directors, Embalmers and Operators of Cemeteries and Crematories › LICENSES, PERMITS AND CERTIFICATES › Section 642.114 - Reinstatement of lapsed license; reapplication required under certain circumstances

Current through June 11, 2024
If a funeral arranger, funeral director or embalmer has for any
				reason allowed his or her license as a funeral arranger, funeral director or
				embalmer, respectively, to lapse:
1.
			 For a period of not more than 3 years, the Board may reinstate the license:
(a) Of a funeral director as provided in
			 NRS
			 642.440.
(b) Of a funeral arranger or embalmer in the
			 same manner as provided for a funeral director in
			 NRS
			 642.440.
Nevada Administrative Code › Chapter 642 - Funeral Directors, Embalmers and Operators of Cemeteries and Crematories › LICENSES, PERMITS AND CERTIFICATES › Section 642.116 - Funeral directors: Requirements for management of funeral establishment or direct cremation facility; exception

Current through June 11, 2024
1. Except as
			 otherwise provided in subsection 4, the Board will not grant the approval
			 required by NRS 642.345 for a funeral director to manage a funeral
			 establishment or direct cremation facility unless the funeral director will be
			 reasonably available at the funeral establishment or direct cremation facility
			 during regular business hours. For the purposes of this subsection, a funeral
			 director is presumed to be reasonably available at the funeral establishment or
			 direct cremation facility if the funeral director resides not more than 120
			 miles from the premises of the funeral establishment or direct cremation
			 facility.
2. Except as otherwise
			 provided in subsection 4, the Board will not grant the approval required by NRS
			 642.345 for a funeral director to manage more than one funeral establishment or
			 direct cremation facility unless the premises of each funeral establishment or
			 direct cremation facility are located less than 120 miles apart.
3. Except as otherwise provided in subsection
			 4, the Board will not grant approval for a funeral director to manage more than
			 a total of three places of business, including each funeral establishment and
			 direct cremation facility managed by the funeral director.
4. The Board may grant an exception to the
			 provisions of this section if the Board determines that such an exception is in
			 the best interests of the public.
Added to NAC
				by Funeral and Cemetery Svcs. Bd. by
				R067-15A,
				eff. 11/2/2016
NRS
				642.063
Nevada Administrative Code › Chapter 642 - Funeral Directors, Embalmers and Operators of Cemeteries and Crematories › LICENSES, PERMITS AND CERTIFICATES › Section 642.117 - Board shall deem incomplete application withdrawn after 2 years

Current through June 11, 2024
The Board will consider an application for the issuance of a
				license, permit or certificate pursuant to chapter 451, 452 or 642 of NRS to be
				withdrawn if the Board has not received the information and fees required to
				complete the application within 2 years after the date on which the application
				is first submitted to the Board.
Added to NAC
				by Funeral and Cemetery Svcs. Bd. by
				R067-15A,
				eff. 11/2/2016
NRS
				642.063
Nevada Administrative Code › Chapter 642 - Funeral Directors, Embalmers and Operators of Cemeteries and Crematories › LICENSES, PERMITS AND CERTIFICATES › Section 642.118 - Change of name on license, permit or certificate; fee

Current through June 11, 2024
If the name of a holder of a license, permit or certificate
				issued by the Board pursuant to chapter 451, 452 or 642 of NRS is changed, the
				licensee, permittee or holder of the certificate must:
1. Apply to the Board for a revised license,
			 permit or certificate on a form prescribed by the Board; and
2. Pay the applicable fee prescribed in NRS
			 NRS
			 642.0696.
Added to NAC
				by Funeral and Cemetery Svcs. Bd. by
				R067-15A,
				eff. 11/2/2016
NRS
				642.063
Nevada Administrative Code › Chapter 642 - Funeral Directors, Embalmers and Operators of Cemeteries and Crematories › LICENSES, PERMITS AND CERTIFICATES › Section 642.120 - Fees: Imposition and amount (Repealed)

Current through June 11, 2024
Added to NAC by Funeral
				Bd. by R043-02, eff. 11-26-2003; R by
				R067-15A,
				eff. 11/2/2016
NRS
				NRS 642.063
Nevada Administrative Code › Chapter 642 - Funeral Directors, Embalmers and Operators of Cemeteries and Crematories › CREMATORY CERTIFICATION PROGRAMS; CONTINUING EDUCATION › Section 642.130 - Certification program: Requirements for approval; training program may be approved; period of validity

Current through June 11, 2024
1. The Board will
			 approve a crematory certification program as required pursuant to NRS 451.635
			 if the program:
(a) Is at least 6 hours in
			 length;
(b) Is offered on a
			 national level by persons who are generally recognized as having expertise in
			 the field of crematory services; and
(c) Includes, at a minimum, instruction in:
(1) Best practices relating to crematory
			 services;
(2) Terminology relevant
			 to crematory services;
(3) The
			 principles of combustion;
(4) The
			 operation of crematory equipment; and
(5) The filing of forms and other duties
			 concerning keeping a record relating to crematory services.
Nevada Administrative Code › Chapter 642 - Funeral Directors, Embalmers and Operators of Cemeteries and Crematories › CREMATORY CERTIFICATION PROGRAMS; CONTINUING EDUCATION › Section 642.140 - Circumstances under which continuing education is automatically approved; application for approval of other courses; credit for completion of certification program or attendance at Board meeting; maintenance of proof of completion; audit by Board during period of renewal; exemption; disciplinary proceedings authorized for failure to provide proof of completion

Current through June 11, 2024
1. The
			 hours of continuing education completed to fulfill the requirement set forth in
			 NRS 642.416 do not need to be submitted to the Board for approval and are
			 automatically approved if the continuing education is:
(a) Approved by the Academy of Professional
			 Funeral Service Practice;
(b)
			 Sponsored by a national or state organization or association that administers
			 training relating to the funeral industry; or
(c) Offered by a provider of continuing
			 education who is approved by the Board.
Nevada Administrative Code › Chapter 642 - Funeral Directors, Embalmers and Operators of Cemeteries and Crematories › STANDARDS OF PRACTICE › Section 642.150 - Location for preparation of funerals

Current through June 11, 2024
1. Except as
			 otherwise provided in subsection 2, a licensed funeral director shall not
			 engage in the business of preparing for funerals at a place of business which
			 is not the specific street address or location of the fixed place or
			 establishment where the funeral director conducts his business.
2. Upon the request of a member of the family
			 of a dead person, a funeral director may prepare for a funeral at the home of a
			 member of the family or another location designated by a member of the
			 family.
Added to NAC by Bd. of
				Funeral Dir., Embalmers, Cemeteries & Crematories, eff. 11-1-95-Substituted
				in revision for NAC 642.115
NRS 642.063,
				  642.340
Nevada Administrative Code › Chapter 642 - Funeral Directors, Embalmers and Operators of Cemeteries and Crematories › STANDARDS OF PRACTICE › Section 642.152 - Statement of funeral goods and services

Current through June 11, 2024
The statement of funeral goods and services selected that is
				required to be provided by a funeral provider pursuant to
				16 C.F.R. §
									453.2(b)(5) must:
1. Be signed by the licensed funeral
			 arranger, funeral director or embalmer who made the arrangements for the
			 funeral or other disposition of the human remains of the deceased person;
			 and
2. Include the license number
			 of the funeral arranger, funeral director or embalmer who made the
			 arrangements.
Added to NAC
				by Funeral and Cemetery Svcs. Bd. by
				R067-15A,
				eff. 11/2/2016
NRS
				642.063
Nevada Administrative Code › Chapter 642 - Funeral Directors, Embalmers and Operators of Cemeteries and Crematories › STANDARDS OF PRACTICE › Section 642.154 - Disclosure to purchaser of at-need goods or services of location of human remains during storage, embalming or cremation

Current through June 11, 2024
1. A
			 funeral establishment or direct cremation facility must make a reasonable
			 effort to disclose, in writing, to a person who purchases at-need goods or
			 services from the funeral establishment or direct cremation facility, the
			 location at which the human remains of the deceased person will be stored,
			 embalmed or cremated.
2. As used in
			 this section, "at-need" means at the time the goods or services are
			 needed.
Added to NAC
				by Funeral and Cemetery Svcs. Bd. by
				R067-15A,
				eff. 11/2/2016
NRS
				642.063
Nevada Administrative Code › Chapter 642 - Funeral Directors, Embalmers and Operators of Cemeteries and Crematories › STANDARDS OF PRACTICE › Section 642.156 - Required disclosure by direct cremation facility; contents of disclosure; prohibition on advertising services outside scope of permit

Current through June 11, 2024
1. Before providing direct cremation
			 services, a direct cremation facility must provide a disclosure to the person
			 who is arranging for the direct cremation of human remains of a deceased
			 person. The disclosure must be signed by the person who is arranging for the
			 direct cremation and must state, without limitation, that the direct cremation
			 facility is unable to:
(a) Provide any rites
			 or ceremonies in connection with the final disposition of the human remains of
			 the deceased person;
(b) Provide
			 facilities to conduct rites or ceremonies in connection with the final
			 disposition of the human remains of the deceased person;
(c) Embalm the human remains of the deceased
			 person;
(d) Provide a burial
			 service for the human remains of the deceased person; or
(e) Provide for a viewing, other than an
			 identification viewing, of the human remains of the deceased person.
Nevada Administrative Code › Chapter 642 - Funeral Directors, Embalmers and Operators of Cemeteries and Crematories › STANDARDS OF PRACTICE › Section 642.158 - Proper care and storage of human remains

Current through June 11, 2024
1. Each holder of a
			 license, permit or certificate issued by the Board pursuant to chapter 451, 452
			 or 642 of NRS shall ensure that human remains are treated with dignity and
			 respect at all times.
2. Human
			 remains must be clothed or completely covered while the human remains are being
			 refrigerated and after the human remains have been embalmed.
3. Human remains must not be stored directly
			 on the floor of any room used to store human remains. For the purposes of this
			 subsection, "floor of any room" includes the floor of a room which is part of a
			 refrigeration unit.
4. Human
			 remains must be stored and transported face up at all times.
5. Human remains must not be placed on other
			 human remains for the purpose of storage or transportation.
6. The premises of any location where human
			 remains are stored must be maintained in a sanitary and professional
			 manner.
Added to NAC
				by Funeral and Cemetery Svcs. Bd. by
				R067-15A,
				eff. 11/2/2016
NRS
				642.063
Nevada Administrative Code › Chapter 642 - Funeral Directors, Embalmers and Operators of Cemeteries and Crematories › STANDARDS OF PRACTICE › Section 642.160 - Transportation of dead human bodies

Current through June 11, 2024
1. A licensed
			 funeral director, or a person designated by the licensed funeral director to
			 act on behalf of the licensed funeral director, may transport a dead human body
			 if it is embalmed and prepared by a licensed embalmer.
2. A licensed funeral director , or a person
			 designated by the licensed funeral director to act on behalf of the licensed
			 funeral director, may transport a dead human body that is not embalmed if the
			 body is:
(a) Sealed in a container that is
			 approved by the Board; and
(b)
			 Transported in a properly licensed motor vehicle or aircraft owned, operated,
			 chartered or leased by a licensed funeral director or mortuary.
Nevada Administrative Code › Chapter 642 - Funeral Directors, Embalmers and Operators of Cemeteries and Crematories › STANDARDS OF PRACTICE › Section 642.161 - Funeral establishment must employ or retain licensed embalmer; proof

Current through June 11, 2024
1. Every funeral establishment must employ,
			 or retain on a contract basis, a licensed embalmer.
2. The holder of a permit to operate a
			 funeral establishment shall, upon request, furnish proof to the Board that the
			 funeral establishment is in compliance with the provisions of subsection
			 1.
Added to NAC
				by Funeral and Cemetery Svcs. Bd. by
				R067-15A,
				eff. 11/2/2016
NRS
				642.063
Nevada Administrative Code › Chapter 642 - Funeral Directors, Embalmers and Operators of Cemeteries and Crematories › STANDARDS OF PRACTICE › Section 642.163 - Management of funeral establishment or direct cremation facility must be performed by licensed funeral director

Current through June 11, 2024
1. The managing of
			 a funeral establishment or direct cremation facility as required pursuant to
			 NRS 642.465 may only be performed by a licensed funeral director.
2. A licensed funeral director shall ensure
			 that the funeral establishment or direct cremation facility he or she manages
			 complies with applicable state and federal law concerning the transportation of
			 human remains of a deceased person into or out of this State.
Added to NAC
				by Funeral and Cemetery Svcs. Bd. by
				R067-15A,
				eff. 11/2/2016
NRS
				642.063
Nevada Administrative Code › Chapter 642 - Funeral Directors, Embalmers and Operators of Cemeteries and Crematories › STANDARDS OF PRACTICE › Section 642.165 - Certain functions only to be performed by licensed funeral arranger, funeral director or embalmer

Current through June 11, 2024
1. The following
			 functions may be performed only by a licensed funeral arranger, funeral
			 director or embalmer:
(a) Selling or offering
			 to sell at-need funeral services, embalming, cremation or other services
			 relating to the disposition of human remains of a deceased person on an at-need
			 basis.
(b) Planning or arranging
			 the details of at-need funeral services, embalming, cremation or other services
			 relating to the disposition of human remains of a deceased person with families
			 or other persons authorized pursuant to NRS 451.024 to order the disposition of
			 the decedent's remains.
(c)
			 Negotiating the financial arrangements for funeral services, embalming,
			 cremation or other services relating to the disposition of human remains of a
			 deceased person on an at-need basis.
Nevada Administrative Code › Chapter 642 - Funeral Directors, Embalmers and Operators of Cemeteries and Crematories › STANDARDS OF PRACTICE › Section 642.167 - Certain functions only to be performed by licensed embalmer or supervised apprentice embalmer

Current through June 11, 2024
1. The following
			 functions may be performed only by a licensed embalmer or an apprentice
			 embalmer under the direct supervision of a licensed embalmer:
(a) The injection of any disinfecting or
			 preservation solutions into human remains of a deceased person;
(b) The aspiration of any fluids from the
			 abdominal or thoracic cavities of human remains of a deceased person;
(c) The mechanical setting of the features of
			 human remains of a deceased person which requires the use of instruments or
			 sutures;
(d) The suturing of human
			 remains of a deceased person; and
(e) Completing any postautopsy or
			 postaccident restoration of human remains of a deceased person.
Nevada Administrative Code › Chapter 642 - Funeral Directors, Embalmers and Operators of Cemeteries and Crematories › STANDARDS OF PRACTICE › Section 642.168 - Embalmer or registered apprentice required to prepare report after embalming human remains; contents of report

Current through June 11, 2024
1. A licensed
			 embalmer or his or her registered apprentice shall prepare a report within 24
			 hours after embalming a deceased person's remains. The report must include,
			 without limitation, the time period elapsed between the death of the deceased
			 person and the embalming of the deceased person's remains, a description of the
			 condition of the remains before and after embalming and the procedures used to
			 embalm the remains.
2. The report
			 must be signed by the licensed embalmer or the registered apprentice who
			 embalmed the deceased person's remains.
Added to NAC
				by Funeral and Cemetery Svcs. Bd. by
				R067-15A,
				eff. 11/2/2016
NRS
				642.063
Nevada Administrative Code › Chapter 642 - Funeral Directors, Embalmers and Operators of Cemeteries and Crematories › STANDARDS OF PRACTICE › Section 642.169 - Board to issue notice of violation to entity if inspection reveals violation of law; period to correct violation; subsequent inspection; disciplinary proceedings authorized

Current through June 11, 2024
1. If an inspection
			 of a funeral establishment, direct cremation facility, crematory or cemetery
			 conducted pursuant to NRS 642.067, 642.368 or 642.435 reveals that the funeral
			 establishment, direct cremation facility, crematory or cemetery is in violation
			 of any provision of this chapter or chapter 451, 452 or 642 of NRS, the Board
			 will issue a notice of violation to the licensee, permittee or holder of the
			 certificate, as applicable. The notice of violation must:
(a) Be in writing and describe with
			 particularity the nature of the violation; and
(b) Indicate that the licensee, permittee or
			 holder of the certificate is given a 30-day period after receipt of the notice
			 to correct the violation.
Nevada Administrative Code › Chapter 642 - Funeral Directors, Embalmers and Operators of Cemeteries and Crematories › STANDARDS OF PRACTICE › Section 642.170 - Grounds for disciplinary action: Misrepresentation of certain authority

Current through June 11, 2024
1. For the purpose of taking disciplinary
			 action, pursuant to
			 NRS 642.5175, the term:
(a) "Unprofessional conduct" includes, in
			 addition to the conduct set forth in
			 NRS
			 642.5174, stating or implying that the holder
			 of the license , certificate or permit is willing to carry out a duty for which
			 a license , certificate or permit is required pursuant to chapter 451, 452 or
			 642 of NRS if that duty is not authorized by the holder's license , certificate
			 or permit. For example, advertising in any form, including, without limitation,
			 signs, telephone books, newspapers, messages conveyed by telephone, television,
			 electronic mail and other electronic or photographic means, that states or
			 implies that a proposed funeral establishment , direct cremation facility,
			 crematory or cemetery is an operating funeral establishment , direct cremation
			 facility, crematory or cemetery before the Board has issued all licenses ,
			 certificates and permits necessary for the operation of the funeral
			 establishment , direct cremation facility, crematory or cemetery.
(b) "False or misleading advertising"
			 includes, in addition to the conduct set forth in
			 NRS
			 642.5172, advertising that states or implies
			 that the holder of the license , certificate or permit is willing to carry out
			 a duty for which a license , certificate or permit is required pursuant to
			 chapter 451, 452 or 642 of NRS if that duty is not authorized by the holder's
			 license , certificate or permit. For example, advertising in any form,
			 including, without limitation, signs, telephone books, newspapers, messages
			 conveyed by telephone, television, electronic mail and other electronic or
			 photographic means, that states or implies that a proposed funeral
			 establishment , direct cremation facility, crematory or cemetery is an
			 operating funeral establishment , direct cremation facility, crematory or
			 cemetery before the Board has issued all licenses , certificates and permits
			 necessary for the operation of the funeral establishment , direct cremation
			 facility, crematory or cemetery.
Nevada Administrative Code › Chapter 642 - Funeral Directors, Embalmers and Operators of Cemeteries and Crematories › PRACTICE BEFORE THE NEVADA FUNERAL AND CEMETERY SERVICES BOARD › Section 642.180 - Procedure for disciplinary action

Current through June 11, 2024
1. Any person may
			 file an informal complaint with the Board concerning the acts of a licensee or
			 services provided by a licensee. Such an informal complaint filed with the
			 Board must be on a form provided by the Board and include information that is
			 sufficiently detailed to enable the respondent to prepare a response.
2. Upon receipt of an informal complaint, the
			 staff shall examine the complaint to determine whether it:
(a) Has been properly verified; and
(b) Alleges sufficient facts to warrant
			 further proceedings.
Nevada Administrative Code › Chapter 642 - Funeral Directors, Embalmers and Operators of Cemeteries and Crematories › PRACTICE BEFORE THE NEVADA FUNERAL AND CEMETERY SERVICES BOARD › Section 642.200 - Hearings: Location; conduct of participants; filing and service of briefs; continuance

Current through June 11, 2024
1. All hearings
			 conducted by the Board pursuant to
			 NRS
			 642.140 or
			 642.500
			 will be held at a place in the State designated by the Board in the notice of
			 the hearing.
2. All persons who
			 attend a hearing shall conduct themselves in a respectful manner.
3. The Board may require each party to file a
			 brief accompanied by proof of service of the brief to the opposing
			 party.
4. Before or during a
			 hearing, the Board may grant a continuance of a hearing, upon proper showing,
			 to allow submission of additional evidence concerning any relevant
			 matter.
Added to NAC by Bd. of
				Funeral Dir., Embalmers, Cemeteries & Crematories, eff.
				11-1-95
NRS
				  642.060,
				  642.063