reglab/statecodes huggingface dataset:
North Dakota Administrative Code › Title 24.1 - State Electrical Board › Article 24.1-06 - ELECTRICAL WIRING STANDARDS › Chapter 24.1-06-03 - WIRING METHODS AND MATERIALS › Section 24.1-06-03-14 - (NEC 314) Boxes and fittings

Current through Supplement No. 393, July, 2024
1. Not more than
				one extension ring may be used on outlet boxes unless special permission has
				been obtained from the electrical inspector having jurisdiction.
2. Boxes or conduit bodies shall be installed
				at each opening, splice, or connection, except as provided in article 604, 2023
				edition, National Electrical Code (first version, printed in 2022).
General Authority:
NDCC 43-09-05
Law Implemented:
NDCC 43-09-21,
					 43-09-22
North Dakota Administrative Code › Title 24.1 - State Electrical Board › Article 24.1-06 - ELECTRICAL WIRING STANDARDS › Chapter 24.1-06-04 - EQUIPMENT FOR GENERAL USE › Section 24.1-06-04-22 - (NEC 422) Appliances

Current through Supplement No. 393, July, 2024
Exception: 2017 edition, National Electrical Code, Article
				  422.16: The use of not more than six feet [1.83 meters] of flexible appliance
				  cord shall be permitted on permanently installed one hundred twenty volt twenty
				  amp or less fuel-fired furnaces in residential dwellings. The receptacle for
				  this appliance shall be GFCI protected, or a single receptacle, with a lockable
				  in-use cover, and the cord shall meet all requirements of NEC
				  422.16.
North Dakota Administrative Code › Title 24.1 - State Electrical Board › Article 24.1-06 - ELECTRICAL WIRING STANDARDS › Chapter 24.1-06-04 - EQUIPMENT FOR GENERAL USE › Section 24.1-06-04-22 - (NEC 422) Appliances

Current through Supplement No. 393, July, 2024
Exception: If manufacturer instructions allow the use of not
				  more than six feet of flexible appliance cord, it shall be permitted on
				  permanently installed one hundred twenty volt twenty amp or less fuel-fired
				  furnaces in residential dwellings. The receptacle for this appliance shall be
				  GFCI protected, or a single receptacle, with a lockable in-use cover, and the
				  cord shall meet all requirements of NEC 422.16.
General Authority:
NDCC 43-09-05
Law Implemented:
NDCC 43-09-21,
					 43-09-22
North Dakota Administrative Code › Title 24.1 - State Electrical Board › Article 24.1-06 - ELECTRICAL WIRING STANDARDS › Chapter 24.1-06-05 - SPECIAL OCCUPANCIES › Section 24.1-06-05-01 - (NEC 500) Hazardous locations

Current through Supplement No. 393, July, 2024
1. Classification
				of hazardous locations is required to be completed by owner, representative, or
				engineer that has the qualifications and must provide documentation as required
				by the provisions of article 500.4, 2017 edition, National Electrical Code,
				including the reference standards as listed in article 500.4, 2017 edition,
				National Electrical Code.
2. For
				classifications of oilfield installations refer to API RP 500, Classification
				of Locations for Electrical Installations at Petroleum Facilities, third
				edition, December 2012.
3. Surge
				arrestors must be provided for all services in grain elevators.
4. Hot bearing or other similar detection
				systems must be installed in accordance with  articles 500-516, 2017 edition,
				National Electrical Code.
General Authority:
NDCC 43-09-05
Law Implemented:
NDCC 43-09-21,
					 43-09-22
North Dakota Administrative Code › Title 24.1 - State Electrical Board › Article 24.1-06 - ELECTRICAL WIRING STANDARDS › Chapter 24.1-06-05 - SPECIAL OCCUPANCIES › Section 24.1-06-05-01 - (NEC 500) Hazardous locations

Current through Supplement No. 393, July, 2024
1. Classification
				of hazardous locations is required to be completed by owner, representative, or
				engineer that has the qualifications and shall provide documentation as
				required by the provisions of article 500.4, 2023 edition, National Electrical
				Code (first version, printed in 2022), including the reference standards as
				listed in article 500.4, 2023 edition, National Electrical Code (first version,
				printed in 2022).
2. For
				classifications of oilfield installations refer to API RP 500, Classification
				of Locations for Electrical Installations at Petroleum Facilities, third
				edition, December 2012.
3. Surge
				arrestors shall be provided for all services in grain elevators.
4. Hot bearing or other similar detection
				systems shall be installed in accordance with articles 500-516, 2023 edition,
				National Electrical Code (first version, printed in 2022).
General Authority:
NDCC 43-09-05
Law Implemented:
NDCC 43-09-21,
					 43-09-22
North Dakota Administrative Code › Title 24.1 - State Electrical Board › Article 24.1-06 - ELECTRICAL WIRING STANDARDS › Chapter 24.1-06-05 - SPECIAL OCCUPANCIES › Section 24.1-06-05-50 - (NEC 550) Mobile home parks

Current through Supplement No. 393, July, 2024
Service equipment may be installed on manufactured homes as
				  required in article 550.32(b) if the following requirements are met:
1. The mobile home is located on property
				owned by the homeowner and not in mobile home park.
2. The mobile home is secured to a permanent
				foundation that complies with locally adopted codes or the State Building Code.
General Authority:
NDCC 43-09-05
Law Implemented:
NDCC 43-09-21,
					 43-09-22
North Dakota Administrative Code › Title 24.1 - State Electrical Board › Article 24.1-06 - ELECTRICAL WIRING STANDARDS › Chapter 24.1-06-06 - SPECIAL EQUIPMENT › Section 24.1-06-06-25 - (NEC 625) Electric vehicle charging system

Current through Supplement No. 393, July, 2024
625.41 Overcurrent protection. Overcurrent protection for
				  feeders and branch circuits supplying vehicle charging equipment must be sized
				  for continuous duty and must have a rating of not less than one hundred
				  twenty-five percent of the maximum load of the equipment. For these
				  installations, "maximum load of equipment" means the setting the electrician
				  adjusted the device to. The adjustment may not be readily accessible or cannot
				  easily be adjusted by the consumer. The electrician shall label the device if
				  set to a value less than the maximum nameplate rating. The contractor shall
				  assure the size of the service feeding these devices is adequate.
General Authority:
NDCC 43-09-05
Law Implemented:
NDCC 43-09-21,
					 43-09-22
North Dakota Administrative Code › Title 25 - State Board of Funeral Service › Article 25-01 - General Administration › Chapter 25-01-01 - Organization of Board › Section 25-01-01-01 - Organization of state board of funeral service

Current through Supplement No. 393, July, 2024
1.
History.
The 1905 legislative assembly enacted legislation
				providing for a state board of embalmers and regulating the licensure and
				practice of embalming. The 1963 legislative assembly enacted legislation
				empowering the board of embalmers to license and regulate funeral
				establishments in this state. The 1989 legislative assembly changed the name of
				the board to the state board of funeral service and placed crematories under
				the board's jurisdiction. These enactments are codified as North Dakota Century
				Code chapter 43-10. It is the responsibility of the board to uphold high
				ethical and professional standards in the practice of funeral service and in
				the conduct of business of funeral establishments and crematoriums in this
				state.
2.
Board
				membership.
The board consists of the state health officer and three
				funeral practitioners appointed by the governor. The appointed members of the
				board serve four-year terms, with not more than one term expiring on June
				thirtieth of each year.
3.
Officers of the board and executive secretary.
The members of the
				board elect from board membership a president, a secretary, and a treasurer.
				The board may hire an executive secretary, who may be an officer of the board,
				to transact the business of the board. The board may also hire any other
				individual deemed necessary for special work relating to the business of the
				board.
4.
Inquiries.
Inquiries regarding the board may be addressed to the executive secretary and
				treasurer:
Mr. Dale G. Niewoehner
Executive Secretary
State Board of Funeral Service
P.O. Box 161
Rugby, North Dakota 58368-0161
www.nd.gov/funeral
General Authority:
NDCC
					 28-32-02
Law Implemented:
NDCC
					 28-32-02
North Dakota Administrative Code › Title 25 - State Board of Funeral Service › Article 25-01 - General Administration › Chapter 25-01-02 - General Provisions › Section 25-01-02-01 - Compliance with rules and statutes

Current through Supplement No. 393, July, 2024
All licensees shall comply with the requirements of this
				  title and laws on the practice of funeral service, and the laws, rules, and
				  regulations of the state department of health, for the purpose of protecting
				  the public health.
General Authority: NDCC
					 43-10-05
Law Implemented: NDCC
					 43-10-05,
					 43-10-06
North Dakota Administrative Code › Title 25 - State Board of Funeral Service › Article 25-01 - General Administration › Chapter 25-01-02 - General Provisions › Section 25-01-02-02 - Separability of rules

Current through Supplement No. 393, July, 2024
The provisions of this title are separable and if any part or
				  provision of this title shall be held unenforceable, unconstitutional, or
				  invalid, the holding shall not affect or invalidate any other provision or part
				  of this title.
General Authority:
NDCC
				  43-10-05
Law Implemented:
NDCC
				  43-10-05,
				  43-10-06
North Dakota Administrative Code › Title 25 - State Board of Funeral Service › Article 25-01 - General Administration › Chapter 25-01-02 - General Provisions › Section 25-01-02-04 - Change of address

Current through Supplement No. 393, July, 2024
Each licensee shall promptly notify the executive secretary
				  of the board of any change in the licensee's address.
General Authority:
NDCC
				  43-10-05
Law Implemented:
NDCC
				  43-10-05
North Dakota Administrative Code › Title 25 - State Board of Funeral Service › Article 25-01 - General Administration › Chapter 25-01-02 - General Provisions › Section 25-01-02-05 - Display of license or registration

Current through Supplement No. 393, July, 2024
Each license or certification of registration issued by the
				  board must be conspicuously displayed at all times in the holder's place of
				  business. "Conspicuously display" means in a location where a member of the
				  general public within the holder's place of business will be able to observe
				  and read the license.
General Authority: NDCC
					 43-10-05
Law Implemented: NDCC
					 43-10-05
North Dakota Administrative Code › Title 25 - State Board of Funeral Service › Article 25-01 - General Administration › Chapter 25-01-02 - General Provisions › Section 25-01-02-06 - Issuance of duplicate license

Current through Supplement No. 393, July, 2024
Upon receipt of satisfactory evidence that a license or
				  certificate has been lost, mutilated, or destroyed the board shall issue a
				  duplicate license or certificate upon payment of a fee of ten dollars.
General Authority: NDCC
					 43-10-05
Law Implemented: NDCC
					 43-10-15.2
North Dakota Administrative Code › Title 25 - State Board of Funeral Service › Article 25-01 - General Administration › Chapter 25-01-02 - General Provisions › Section 25-01-02-07 - Change of name on license

Current through Supplement No. 393, July, 2024
Any licensee desiring to change the name appearing on the
				  licensee's license may do so by applying to the board and paying a fee of ten
				  dollars.
General Authority: NDCC
					 43-10-05
Law Implemented: NDCC
					 43-10-15.3
North Dakota Administrative Code › Title 25 - State Board of Funeral Service › Article 25-02 - Practice of Funeral Service and Licensure of Funeral Practitioners › Chapter 25-02-01 - Practice of Funeral Service › Section 25-02-01-01 - Definitions

Current through Supplement No. 393, July, 2024
The terms in this title have the same meaning as in North
				  Dakota Century Code section
				  43-10-01 unless the context or
				  subject matter otherwise requires, except:
1. "Assistant" means a nonprofessional
				providing assistance to a funeral practitioner under the direct and immediate
				supervision of the funeral director. Assistance provided by an assistant may
				not require the exercise of professional judgment or training.
2. "Funeral chapel" means a facility that is
				affiliated with a funeral service establishment and used for mourning or
				funeral ceremony purposes but not preparation of a dead human body for final
				disposition.
General Authority:
NDCC
					 43-10-05
Law Implemented:
NDCC
					 43-10-05.
					 43-10-10.
					 43-10-10.1
North Dakota Administrative Code › Title 25 - State Board of Funeral Service › Article 25-02 - Practice of Funeral Service and Licensure of Funeral Practitioners › Chapter 25-02-01 - Practice of Funeral Service › Section 25-02-01-02 - Waste disposal

Current through Supplement No. 393, July, 2024
All funeral directors shall contact either prime health care
				  facilities in their area or waste disposition companies established to handle
				  wastes to arrange suitable disposition. Every preparation room shall be
				  provided with proper and convenient receptacles for refuse. Waste material
				  shall be packaged in a plastic or nonporous bag and sealed at the conclusion of
				  each case and the public health thereby maintained.
General Authority: NDCC
					 43-10-05,
					 43-10-06
Law Implemented: NDCC
					 43-10-05,
					 43-10-06
North Dakota Administrative Code › Title 25 - State Board of Funeral Service › Article 25-02 - Practice of Funeral Service and Licensure of Funeral Practitioners › Chapter 25-02-01 - Practice of Funeral Service › Section 25-02-01-03 - Preparation room equipment

Current through Supplement No. 393, July, 2024
Every preparation room must be equipped with a sanitary
				  embalming table with running water. Every plumbing fixture, receptacle, and
				  water supply tank must be provided with a proper air gap or backflow device to
				  prevent backflow into the water supply. All plumbing must comply with article
				  62-03.1. Every embalming room must be equipped with an exhaust fan below
				  tabletop height at the foot end of the table, a drench shower, and an eyewash
				  station with the potential for running cold water only, continuously for
				  fifteen minutes, in an unobstructed area.
Every funeral establishment, except a funeral chapel, must do
				  all of the following:
1. Maintain a
				formaldehyde monitor report;
2.
				Post hazardous signs in compliance with applicable federal
				regulations;
3. Label storage area
				for chemicals or hazardous chemicals;
4. Keep a cover on any embalming
				machine;
5. Store and utilize a
				safety shield or mask, protective clothing, and protective gloves;
6. Maintain a splash tube on a functioning
				aspirator: and
7. Maintain safety
				data sheets, training records, and sharps disposal container.
General Authority:
NDCC
					 43-10-05,
					 43-10-06
Law Implemented:
NDCC
					 43-10-05,
					 43-10-06.
					 43-10-22.
					 43-10-23
North Dakota Administrative Code › Title 25 - State Board of Funeral Service › Article 25-02 - Practice of Funeral Service and Licensure of Funeral Practitioners › Chapter 25-02-01 - Practice of Funeral Service › Section 25-02-01-04 - Instruments and appliances

Current through Supplement No. 393, July, 2024
All instruments and appliances used in the embalming of a
				  dead human body must be thoroughly cleansed and sterilized by a federally
				  approved germicidal solution immediately at the conclusion of each individual
				  case or autoclave, or both.
General Authority: NDCC
					 43-10-05,
					 43-10-06
Law Implemented: NDCC
					 43-10-05,
					 43-10-06
North Dakota Administrative Code › Title 25 - State Board of Funeral Service › Article 25-02 - Practice of Funeral Service and Licensure of Funeral Practitioners › Chapter 25-02-01 - Practice of Funeral Service › Section 25-02-01-05 - Funeral establishments

Current through Supplement No. 393, July, 2024
All funeral establishments shall be kept and maintained in a
				  clean and sanitary condition and all embalming tables, hoppers, sinks,
				  receptacles, instruments, and other appliances used in the embalming of dead
				  human bodies shall be thoroughly cleansed and disinfected immediately at the
				  conclusion of each individual case.
General Authority: NDCC
					 43-10-05,
					 43-10-06
Law Implemented: NDCC
					 43-10-05,
					 43-10-06
North Dakota Administrative Code › Title 25 - State Board of Funeral Service › Article 25-02 - Practice of Funeral Service and Licensure of Funeral Practitioners › Chapter 25-02-01 - Practice of Funeral Service › Section 25-02-01-06 - Attire while embalming

Current through Supplement No. 393, July, 2024
Every person, while engaged in actual embalming, shall be
				  attired in a clean and disposable sanitary smock or gown and shall, while so
				  engaged, wear rubber impervious gloves, disposable facial mask or safety
				  shield, and disposable shoe covers.
General Authority: NDCC
					 43-10-05,
					 43-10-06
Law Implemented: NDCC
					 43-10-05,
					 43-10-06
North Dakota Administrative Code › Title 25 - State Board of Funeral Service › Article 25-02 - Practice of Funeral Service and Licensure of Funeral Practitioners › Chapter 25-02-01 - Practice of Funeral Service › Section 25-02-01-07 - Serving of food and alcoholic beverages

Current through Supplement No. 393, July, 2024
The serving of food or alcoholic beverages to the public in
				  connection with or in conjunction with any part of the funeral service
				  operation shall comply with all state and local laws and regulations.
General Authority: NDCC
					 43-10-05,
					 43-10-06
Law Implemented: NDCC
					 43-10-05,
					 43-10-06
North Dakota Administrative Code › Title 25 - State Board of Funeral Service › Article 25-02 - Practice of Funeral Service and Licensure of Funeral Practitioners › Chapter 25-02-01 - Practice of Funeral Service › Section 25-02-01-08 - Privacy

Current through Supplement No. 393, July, 2024
The preparation of all bodies of persons dead from any cause
				  shall be entirely private, and no one shall be allowed in the embalming room
				  except funeral practitioners, intern embalmers, a student enrolled in a
				  premortuary of science program, and medical or law enforcement personnel during
				  embalming, except by permission of the immediate family.
General Authority:
NDCC
					 43-10-05,
					 43-10-06
Law Implemented:
NDCC
					 43-10-05,
					 43-10-06
North Dakota Administrative Code › Title 25 - State Board of Funeral Service › Article 25-02 - Practice of Funeral Service and Licensure of Funeral Practitioners › Chapter 25-02-01 - Practice of Funeral Service › Section 25-02-01-09 - Shipment of bodies

Current through Supplement No. 393, July, 2024
Shipment of bodies shall be done in compliance with shipping
				  regulations of the state department of health and any other applicable state or
				  federal laws or regulations.
General Authority: NDCC
					 43-10-05,
					 43-10-06
Law Implemented: NDCC
					 43-10-05,
					 43-10-06
North Dakota Administrative Code › Title 25 - State Board of Funeral Service › Article 25-02 - Practice of Funeral Service and Licensure of Funeral Practitioners › Chapter 25-02-01 - Practice of Funeral Service › Section 25-02-01-10 - Refusal to provide service

Current through Supplement No. 393, July, 2024
A licensed practitioner may not refuse service to anyone
				  because of a significant contagious or infectious disease. Refusal of any
				  licensed practitioner to provide service to anyone because of a significant
				  contagious or infectious disease may result in disciplinary action.
General Authority: NDCC
					 43-10-05,
					 43-10-06,
					 43-10-16
Law Implemented: NDCC
					 43-10-05,
					 43-10-06,
					 43-10-16
North Dakota Administrative Code › Title 25 - State Board of Funeral Service › Article 25-02 - Practice of Funeral Service and Licensure of Funeral Practitioners › Chapter 25-02-02 - Licensure of Funeral Practitioners › Section 25-02-02-01 - Application for license

Current through Supplement No. 393, July, 2024
An application for license to practice funeral service shall
				  be made on a form provided by the board. The application shall contain the
				  person's full name, age, place of residence, recent photograph, and any other
				  information required by the board. The application shall be accompanied by a
				  fee of one hundred dollars, the required transcripts, and affidavits of at
				  least two reputable residents of the county in which the applicant resides or
				  proposes to engage in the practice of funeral service to the effect that the
				  applicant is of good moral character.
General Authority:
NDCC
					 43-10-05
Law Implemented:
NDCC
					 43-10-11,
					 43-10-13
North Dakota Administrative Code › Title 25 - State Board of Funeral Service › Article 25-02 - Practice of Funeral Service and Licensure of Funeral Practitioners › Chapter 25-02-02 - Licensure of Funeral Practitioners › Section 25-02-02-02 - Qualifications for licensure

Current through Supplement No. 393, July, 2024
To qualify for a license to practice funeral service, the
				  applicant shall meet all of the following requirements:
1. Be of good moral character.
2. Furnish evidence of successful completion
				of an accredited four-year high school course of study.
3. One of the following:
a. Furnish evidence of satisfactory
				completion of at least two years of accredited college or university course of
				study in addition to the education required by subsection 4. For purposes of
				this subsection, two years means a minimum of sixty semester hours or a minimum
				of ninety quarter hours; or
b.
				Furnish evidence of licensure in good standing in another state and five or
				more years of active licensed experience in another state.
North Dakota Administrative Code › Title 25 - State Board of Funeral Service › Article 25-02 - Practice of Funeral Service and Licensure of Funeral Practitioners › Chapter 25-02-02 - Licensure of Funeral Practitioners › Section 25-02-02-03 - Examination for licensure

Current through Supplement No. 393, July, 2024
1. To be
				licensed, an applicant shall pass the national board examination offered by the
				international conference of funeral service examining boards and the North
				Dakota laws and rules examination.
2. The North Dakota laws and rules
				examination is administered by the division of vital records, North Dakota
				state department of health, state capitol, 600 east boulevard, Bismarck, ND
				58505. The time of examination is arranged by the applicant and the division.
				The board shall issue a card indicating the eligibility of the applicant to
				take the examination.
General Authority:
NDCC
					 43-10-05
Law Implemented:
NDCC
					 43-10-11.
					 43-10-12.
					 43-10-13.
					 43-10-14.
					 43-10-15.1
North Dakota Administrative Code › Title 25 - State Board of Funeral Service › Article 25-02 - Practice of Funeral Service and Licensure of Funeral Practitioners › Chapter 25-02-02 - Licensure of Funeral Practitioners › Section 25-02-02-04.1 - License renewals

Current through Supplement No. 393, July, 2024
1. Licenses
				expire after December thirty-first of every year.
2. Licenses may be renewed by December
				thirty-first by submitting a renewal application and a renewal fee of one
				hundred dollars, provided the funeral practitioner's license is not revoked or
				grounds for denial under North Dakota Century Code section
				43-10-16 do not exist.
3. If the renewal application and renewal fee
				are not received by December thirty-first, the license expires and the funeral
				practitioner may not practice funeral service.
4. For thirty days after expiration, an
				expired license may be renewed by submitting the renewal application and
				renewal fee.
5. For two years after
				expiration, an expired license may be renewed by submitting the renewal
				application, renewal fee, and a late fee of one hundred fifty
				dollars.
6. If an expired license
				is not renewed within two years after expiration, an expired license may be
				renewed by submitting the renewal application, renewal fee, and late fee and
				passing the North Dakota laws and rules examination.
General Authority:
NDCC
					 43-10-05
Law Implemented:
NDCC
					 43-10-10.
					 43-10-15.
					 43-10-15.1.
					 43-10-16
North Dakota Administrative Code › Title 25 - State Board of Funeral Service › Article 25-02 - Practice of Funeral Service and Licensure of Funeral Practitioners › Chapter 25-02-02 - Licensure of Funeral Practitioners › Section 25-02-02-05 - Licensure by reciprocity

Current through Supplement No. 393, July, 2024
1. An
				applicant, licensed in good standing in another jurisdiction to practice
				embalming and funeral directing, may be licensed if the requirements for
				licensure in the other jurisdiction are at least as stringent as the
				requirements in North Dakota.
2.
				The applicant shall pay a fee of one hundred dollars.
3. The applicant shall pass the North Dakota
				laws and rules examination.
General Authority:
NDCC
					 43-10-05
Law Implemented:
NDCC
					 43-10-14
North Dakota Administrative Code › Title 25 - State Board of Funeral Service › Article 25-02 - Practice of Funeral Service and Licensure of Funeral Practitioners › Chapter 25-02-02 - Licensure of Funeral Practitioners › Section 25-02-02-06 - Intern embalmer

Current through Supplement No. 393, July, 2024
1.
Application.
The application for registration as an intern
				embalmer shall be made upon a form approved by the board and verified by the
				applicant and accompanied by a fee of fifty dollars. The application shall
				include the name and home address of the intern embalmer, the date the
				internship begins, and the name, license number, and business address of the
				supervising funeral practitioner. The registration is valid for one year and
				may be renewed by filing a renewal application with the board and by payment of
				the renewal fee of twenty-five dollars. The registration may not be renewed
				more than three times. A registered intern embalmer must notify the board
				within thirty days if he/she withdraws from the internship.
2.
Qualifications.
In order to
				qualify as an intern embalmer, the applicant shall meet all the following
				requirements:
a. Be eighteen years of
				age.
b. Be of good moral
				character.
c. Furnish evidence of
				having completed an accredited four-year high school course of study.
d. Furnish evidence of completion of one year
				of accredited college or university studies, or provide proof of substantial
				completion, as determined by the board, of one year accredited college or
				university studies. For purposes of this subdivision only, one year means
				thirty semester hours or forty-five quarter hours.
North Dakota Administrative Code › Title 25 - State Board of Funeral Service › Article 25-02 - Practice of Funeral Service and Licensure of Funeral Practitioners › Chapter 25-02-02 - Licensure of Funeral Practitioners › Section 25-02-02-06.1 - Internship requirements

Current through Supplement No. 393, July, 2024
1.
				Intern embalmers may only practice funeral service under the direct supervision
				of a North Dakota funeral practitioner.
2. An intern embalmer may be registered under
				only one funeral practitioner at any given time and may be directed and
				supervised only by the funeral practitioner. A funeral practitioner shall have
				only one registered intern embalmer working for the funeral practitioner at any
				given time.
3. While under the
				direct and exclusive supervision of a North Dakota funeral practitioner, the
				intern embalmer must actively participate in the embalming of at least
				twenty-five dead human bodies and in the arrangements or the direction of at
				least ten funerals.
General Authority: NDCC
					 43-10-05
Law Implemented: NDCC
					 43-10-15.4
North Dakota Administrative Code › Title 25 - State Board of Funeral Service › Article 25-03 - Funerals, Funeral Services, and Licensing of Funeral Establishments › Chapter 25-03-01 - Licensing of Funeral Establishments › Section 25-03-01-01 - Funeral establishment license

Current through Supplement No. 393, July, 2024
1.
Application for license.
An
				application for licensing of a funeral establishment, except a funeral chapel,
				must be made on a form provided by the board and be accompanied by a fee of one
				hundred dollars.
2.
License
				renewal.
A funeral establishment license expires after December
				thirty-first of every year, and may be renewed by the board by submitting to
				the board a completed renewal application and the renewal fee of one hundred
				dollars.
3.
Change of owner,
				supervising personnel, funeral home name, or location.
A funeral
				establishment license may not be transferred from one owner to another. The new
				owner shall submit an application for a new license to the executive secretary
				of the board, accompanied by a fee of one hundred dollars. The funeral
				establishment license is issued in conjunction with a funeral practitioner
				license. Should the funeral practitioner signing the funeral establishment
				license application no longer be associated with the funeral establishment, the
				funeral practitioner shall notify the board. No funeral establishment license
				shall be valid unless the funeral establishment is under the supervision of a
				funeral practitioner. A change in the funeral practitioner supervising the
				funeral establishment or funeral establishment name or location requires a new
				funeral establishment license.
General Authority:
NDCC
					 43-10-05
Law Implemented:
NDCC
					 43-10-05,
					 43-10-22
North Dakota Administrative Code › Title 25 - State Board of Funeral Service › Article 25-03 - Funerals, Funeral Services, and Licensing of Funeral Establishments › Chapter 25-03-01 - Licensing of Funeral Establishments › Section 25-03-01-02 - Requirements for funeral establishment

Current through Supplement No. 393, July, 2024
All funeral establishments, except funeral chapels, must
				  contain a preparation and embalming room and office space for making
				  arrangements. A preparation and embalming room must meet all of the following
				  requirements:
1. Be of sufficient size
				and dimensions to accommodate a preparation or embalming table, an open fixture
				with water connects, and an instrument table, cabinet, or shelves.
2. Be properly lit and ventilated with an
				exhaust fan that provides at least twelve air changes per hour, and is so
				located that air is drawn away from the person preparing the
				preparations.
3. Have plumbing
				fixtures, water supply lines, plumbing vents, and waste drains properly vented
				and connected in compliance with article 62-03.1.
4. Have nonporous flooring, so that a
				sanitary condition is provided. The walls and ceiling of the preparation and
				embalming room must run from floor to ceiling and be covered with tile, or by
				plaster or sheetrock painted with washable paint, or other appropriate material
				so that a sanitary condition is provided. The doors, walls, ceiling, and
				windows must be constructed to prevent odors from entering into any other part
				of the building. All windows or other openings to the outside must be screened
				and all windows must be treated in a manner that prevents viewing into the
				preparation room from the outsider.
5. Have a preparation and emblaming table and
				a functioning aspirator. The preparation and embalming table must have a
				nonporous top, preferably a rustproof metal or porcelain, with raised edges
				around the top of the entire table and a drain opening at the lower end. Where
				embalmings are actually performed in the room, the room must be equipped with a
				functional method for injection of fluids, an eyewash station, a drench shower,
				and sufficient supplies and instruments for normal operations.
6. Be private and have no general passageway
				through it. Each door allowing ingress or egress must carry a sign that
				indicates that the room is private and access is limited.
7. Be maintained in a clean and sanitary
				condition at all times,, and not be used for any other purposes.
General Authority:
NDCC
					 43-10-05
Law Implemented:
NDCC
					 43-10-05.
					 43-10-06.
					 43-10-22.
					 43-10-23
North Dakota Administrative Code › Title 25 - State Board of Funeral Service › Article 25-03 - Funerals, Funeral Services, and Licensing of Funeral Establishments › Chapter 25-03-02 - Funerals › Section 25-03-02-01 - Private funerals

Current through Supplement No. 393, July, 2024
A private funeral will be required only under unusual
				  circumstances, such as when a death caused by a communicable disease which the
				  spread can be controlled by immunization occurs in a family which is a member
				  of a group whose beliefs are opposed to immunizations, and thus the danger of
				  spread of disease at the funeral from unimmunized members. The decision shall
				  be made by the local health officer. This in no way precludes other private
				  funerals upon the wish of the family.
General Authority:
NDCC
				  43-10-05,
				  43-10-06
Law Implemented:
NDCC
				  43-10-06
North Dakota Administrative Code › Title 25 - State Board of Funeral Service › Article 25-03 - Funerals, Funeral Services, and Licensing of Funeral Establishments › Chapter 25-03-03 - Funeral Services and Merchandise › Section 25-03-03-01 - Disclosure of merchandise and services

Current through Supplement No. 393, July, 2024
Funeral practitioners shall comply with 16 CFR part 453 and
				  all other federal laws applicable to the practice of funeral service. A failure
				  to do so is grounds for disciplinary action.
General Authority: NDCC
					 43-10-05
Law Implemented: NDCC
					 43-10-05
North Dakota Administrative Code › Title 25 - State Board of Funeral Service › Article 25-03 - Funerals, Funeral Services, and Licensing of Funeral Establishments › Chapter 25-03-03 - Funeral Services and Merchandise › Section 25-03-03-02 - Other service requirement

Current through Supplement No. 393, July, 2024
1. It is the duty of all licensed funeral
				service practitioners to be familiar with 16 CFR part 453, Federal Trade
				Commission Trade Regulation Rule for Funeral Industry Practices, and to abide
				by these rules.
2. The board can
				review present and past cases of any and all funeral homes under its
				jurisdiction in North Dakota to ensure proper implementation under 16 CFR part
				453, Federal Trade Commission Trade Regulation Rule for Funeral Industry
				Practices. In the event of apparent noncompliance, the board will conduct a
				formal review of the funeral home.
General Authority: NDCC
					 43-10-05
Law Implemented: NDCC
					 43-10-05
North Dakota Administrative Code › Title 25 - State Board of Funeral Service › Article 25-04 - Anatomical Gift › Chapter 25-04-01 - Eye Enucleation › Section 25-04-01-01 - Eye enucleation

Current through Supplement No. 393, July, 2024
A funeral practitioner may only enucleate eyes in accordance
				  with the terms of the North Dakota anatomical gift act.
General Authority: NDCC
					 43-10-05
Law Implemented: NDCC
					 43-10-05
North Dakota Administrative Code › Title 25 - State Board of Funeral Service › Article 25-05 - Crematoriums › Chapter 25-05-01 - Licensure of Crematoriums › Section 25-05-01-01 - Licensure of crematoriums

Current through Supplement No. 393, July, 2024
An application to license a crematorium must be made on a
				  form provided by the board and include the application fee of one hundred
				  dollars. The license expires after December thirty-first of every year, and may
				  be renewed by submitting a renewal application and the renewal fee of one
				  hundred dollars. Each crematory operator must obtain and display a certificate
				  of operation training provided by the retort manufacturer, cremation
				  association of North America, or the national funeral directors association.
				  The certificate must be renewed at a minimum of every five years or as required
				  by the training entity.
General Authority:
NDCC
					 43-10-05
Law Implemented:
NDCC
					 43-10-05,
					 43-10-25
North Dakota Administrative Code › Title 25 - State Board of Funeral Service › Article 25-05 - Crematoriums › Chapter 25-05-01 - Licensure of Crematoriums › Section 25-05-01-01.1 - Crematory requirements

Current through Supplement No. 393, July, 2024
A crematory must consist of:
1. A building or structure that complies with
				applicable local and state building codes, zoning laws and ordinances, and
				environmental standards, containing one or more cremation chambers or retorts
				for the cremation of dead human bodies;
2. A motorized mechanical device for
				grinding, crushing, or pulverizing the cremated remains to a granulated
				appearance appropriate for final disposition; and
3. An appropriate holding facility for dead
				human bodies awaiting cremations.
General Authority: NDCC
					 43-10-05
Law Implemented: NDCC
					 43-10-05,
					 43-10-25
North Dakota Administrative Code › Title 25 - State Board of Funeral Service › Article 25-05 - Crematoriums › Chapter 25-05-01 - Licensure of Crematoriums › Section 25-05-01-02 - Crematorium establishment

Current through Supplement No. 393, July, 2024
Any crematorium in the state of North Dakota shall comply
				  with all criteria of federal and state law regarding environmental impact on
				  the area in which it is located, including interior design and placement of the
				  crematoria retort which must be installed in accordance with the manufacturer's
				  instructions. The crematorium shall also conform to all applicable federal,
				  state, and local building codes.
General Authority:
NDCC
					 43-10-05,
					 43-10-25
Law Implemented:
NDCC
					 43-10-05
North Dakota Administrative Code › Title 25 - State Board of Funeral Service › Article 25-05 - Crematoriums › Chapter 25-05-01 - Licensure of Crematoriums › Section 25-05-01-04 - Inspection of crematoriums

Current through Supplement No. 393, July, 2024
Any crematorium in the state of North Dakota for the
				  disposition of human remains through the process of cremation must be open for
				  inspection by any authorized representative of the North Dakota state
				  department of health, or any representative of the board.
General Authority: NDCC
					 43-10-10,
					 43-10-22,
					 43-10-25
Law Implemented: NDCC
					 43-10-05
North Dakota Administrative Code › Title 25 - State Board of Funeral Service › Article 25-05 - Crematoriums › Chapter 25-05-01 - Licensure of Crematoriums › Section 25-05-01-06 - Crematoriums must apprise funeral directors and of requirements

Current through Supplement No. 393, July, 2024
All crematoriums in the state of North Dakota must fully
				  apprise funeral directors of the type of container the crematorium can cremate,
				  and that a minimum cremation unit as adjudged practical by the cremation
				  association of North America be used. Should caskets be used in cremation, the
				  crematorium must apprise the funeral director in writing what materials in
				  caskets will be completely consumed and what caskets cannot be consumed. The
				  crematorium must apprise the funeral director if caskets or casket hardware are
				  nonconsumable. It is the responsibility of the cremation authority involved to
				  destroy on a regular basis and through proper sanitation and disposition
				  channels available to it those caskets or their dependent parts that may remain
				  after the cremation process. No stockpile of used caskets or parts may remain
				  in or around the crematorium facility.
General Authority:
NDCC
					 43-10-05
Law Implemented:
NDCC
					 43-10-05
North Dakota Administrative Code › Title 25 - State Board of Funeral Service › Article 25-05 - Crematoriums › Chapter 25-05-01 - Licensure of Crematoriums › Section 25-05-01-07 - Cremation requirements

Current through Supplement No. 393, July, 2024
1. All crematoriums
				shall clean their retorts at the conclusion of each cremation, and bone
				fragments that remain must be duly reduced by equipment sanctioned by the
				cremation association of North America, placed in a rigid sealed container of
				fiberglass, metal, wood, or plastic, and duly marked with the name of the
				person cremated, the name of the funeral director involved in the cremation,
				the age and date of birth and death of the person cremated, and the name and
				complete address of the crematorium.
2. If cremated remains are to be shipped by a
				common carrier, they must be shipped only by a method which uses an internal
				tracking system . Cremated remains shall be shipped to the address as stated on
				the cremation authorization form signed by the authorizing agent.
3. Cremated remains to be shipped must be
				packed in a method which complies with United States postal service
				requirements for packaging and shipping cremated remains, including USPS
				publication 139. Further,
a. Cremated remains
				must be placed in a heavy duty plastic bag with a metal identification tag
				attached to the bag.
b. The bag
				must be placed inside a temporary shipping container or urn, and sealed with
				durable tape.
c. The temporary
				shipping container or urn must be placed in a corrugated cardboard box with
				identification of the deceased, the recipient's and the sender's addresses both
				within the box and written or secured to the outside of the box, adequate
				padding must be supplied, and the box must be sealed with durable
				tape.
d. The cardboard box
				containing the temporary shipping container or urn must be placed in a durable
				outer container, such as the United States postal service's priority two-day
				express mail shipping box, appropriately padded and sealed with durable tape.
				The recipient's address, the return address, and tracking number must be
				legibly written on or attached to the box, and the contents must be insured in
				the amount requested by the authorizing agent. The box containing the temporary
				shipping container or urn may not be shipped in a bag or envelope, such as the
				United States postal service's express envelopes.
e. The crematorium or funeral practitioner
				must monitor the shipment using the tracking number, and must supply the
				tracking number to the intended recipient by phone or email on the day of
				shipment.
f. The crematorium or
				funeral practitioner must contact the intended recipient to confirm receipt of
				the package.
North Dakota Administrative Code › Title 25 - State Board of Funeral Service › Article 25-05 - Crematoriums › Chapter 25-05-01 - Licensure of Crematoriums › Section 25-05-01-08 - Cremation authorization

Current through Supplement No. 393, July, 2024
Cremation authorization permits must be signed by the legal
				  representative or representatives of the deceased, and all information with
				  full name of decedent, date and place of birth, and date and place of death,
				  and cause of death, and final disposition of cremains instructions, together
				  with funeral director signature and signature of acceptance of the cremation
				  authority shall appear on this form, together with the full legal name and
				  legal address of the cremation authority, and the completion date and time of
				  cremation. Copies of these forms must be kept by the cremation authority, and
				  sent to the funeral home that has contracted the cremation authority.
General Authority: NDCC
					 43-10-05,
					 43-10-25
Law Implemented: NDCC
					 43-10-05
North Dakota Administrative Code › Title 25 - State Board of Funeral Service › Article 25-05 - Crematoriums › Chapter 25-05-01 - Licensure of Crematoriums › Section 25-05-01-09.1 - Identification of body

Current through Supplement No. 393, July, 2024
All licensed crematories must develop, implement, and
				  maintain an identification procedure whereby dead human bodies can be
				  identified from the time the crematorium accepts delivery of the remains until
				  the cremated remains are released to an authorized party. Before cremation, an
				  identifying disk, tab, or other permanent label must be placed within the
				  cremated remains container before the cremated remains are released from the
				  crematory. Each identification disk, tab, or label must have a number that must
				  be recorded on all paperwork regarding the decedent. This procedure must be
				  designed to reasonably ensure that the proper body is cremated and that the
				  cremated remains are returned to the appropriate party.
General Authority: NDCC
					 43-10-05,
					 43-10-25
Law Implemented: NDCC
					 43-10-05
North Dakota Administrative Code › Title 25 - State Board of Funeral Service › Article 25-05 - Crematoriums › Chapter 25-05-01 - Licensure of Crematoriums › Section 25-05-01-10 - Prohibitions

Current through Supplement No. 393, July, 2024
1. Crematoriums are forbidden to cremate
				fetuses, limbs, and body parts from private or public health agencies or
				medical schools or medical doctors unless appropriate releases are given to the
				crematoriums by those agencies. Copies of releases must remain with the
				cremation authority and the parties contracting for cremations mentioned in
				this section.
2. Cremation of
				animals and pets of any type is strictly forbidden in a retort utilized for
				cremation of human remains.
3.
				Except for the items listed in subsection 1, retorts are forbidden to perform
				any multiple cremations of any type of human remains.
General Authority:
NDCC 43-10-05,
					 43-10-25
Law Implemented:
NDCC
					 43-10-05
North Dakota Administrative Code › Title 25 - State Board of Funeral Service › Article 25-05 - Crematoriums › Chapter 25-05-01 - Licensure of Crematoriums › Section 25-05-01-11 - Written release

Current through Supplement No. 393, July, 2024
Funeral directors holding cremated remains must have written
				  release from legal next of kin before the funeral director disposes of remains
				  in any manner other than that suggested on the cremation form. The release must
				  clearly remove liability of the funeral director, the cremation facility or
				  authority, or the state regulatory agency from responsibility. Copies of these
				  forms must be provided to the next of kin, retained by the funeral director,
				  and the cremation authority, and made available to the state board of funeral
				  service upon request. Failure to comply may result in disciplinary action. Any
				  cremated remains existing prior to May 1, 1993, may be disposed of ninety days
				  after a written attempt to contact next of kin for written approval.
General Authority: NDCC
					 43-10-05
Law Implemented: NDCC
					 43-10-05
North Dakota Administrative Code › Title 25 - State Board of Funeral Service › Article 25-05 - Crematoriums › Chapter 25-05-01 - Licensure of Crematoriums › Section 25-05-01-12 - Unclaimed cremated remains

Current through Supplement No. 393, July, 2024
After twelve months, unclaimed cremated remains may be
				  disposed of by earth burial in an established cemetery in an appropriate
				  container. The container may hold one or more cremated remains, as long as the
				  individual remains are kept separate. At least thirty days prior to such
				  disposition, the funeral home shall send a written notice to the last-known
				  address of the responsible person who directed and provided for the method of
				  final disposition of the human remains to the effect that such remains will be
				  disposed of unless claimed by the person within thirty days from the date of
				  mailing such notice. The notice must be sent by registered mail, return receipt
				  requested.
General Authority: NDCC
					 43-10-05,
					 43-10-06.1
Law Implemented: NDCC
					 43-10-06.1,
					 43-10-26