reglab/statecodes huggingface dataset:
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:44 - ELECTRICIANS › Chapter 20:44:26 - Undertaking fund › Section 20:44:26:04 - Contractor required to reimburse the undertaking fund - Request for waiver possible

Current through Register Vol. 51, page 10, July 15, 2024
If a claim for recovery from the undertaking fund is resolved
				  in favor of the submitter, the contractor shall reimburse the commission the
				  amount of moneys spent to correct or finish the contractor's installation
				  within 30 days after the determination of resolution is made.
The contractor may request a waiver of reimbursement from the
				  commission within ten days after the determination of resolution is made. Upon
				  receipt of a request for a waiver of reimbursement, the commission may grant
				  the request for a waiver of reimbursement, partially grant the request for a
				  waiver of reimbursement, or deny the request for a waiver of
				  reimbursement.
General Authority:
SDCL
					 36-16-20.
Law Implemented:
SDCL
					 36-16-20.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:45 - Funeral service › Chapter 20:45:01 - Meetings and hearings › Section 20:45:01:01 - State board meetings

Current through Register Vol. 51, page 10, July 15, 2024
A regular meeting of the State Board of Funeral Service shall
				  be held during the South Dakota state funeral director's convention. Special
				  meetings may be called by the chair of the board as the chair considers
				  necessary.
General Authority:
SDCL
					 36-19-6.
Law Implemented:
SDCL
					 36-19-6.
The amended version of this section by
				  50
				  SDR 157, effective
				  7/2/2024 is not yet
				  available.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:45 - Funeral service › Chapter 20:45:01 - Meetings and hearings › Section 20:45:01:02 - Hearings

Current through Register Vol. 51, page 10, July 15, 2024
Notice of any charges against a licensee and notice of the
				  time and place for a hearing on the charges shall be served upon a licensee not
				  less than 20 days before the hearing. The hearing may be continued for a
				  reasonable amount of time at the discretion of the board or its legal counsel.
				  The licensee may be present at the hearing, either in person or by counsel, or
				  both, and may request the board to subpoena witnesses that the licensee desires
				  to be heard at the hearing. Witnesses shall be allowed the statutory fee and
				  travel expenses. In any contested case, a transcript of the hearing shall be
				  kept by a court reporter, or the hearing shall be tape-recorded. If a
				  transcript is ordered, the party ordering the transcript shall pay any cost or
				  fee associated with the transcript.
General Authority:
SDCL
					 36-19-9(5).
Law Implemented:
SDCL
					 36-19-12.
The amended version of this section by
				  50
				  SDR 157, effective
				  7/2/2024 is not yet
				  available.
Procedure in licensing matters, SDCL
					 1-26-16 to
					 1-26-19.1; Fees and mileage of
					 witnesses, SDCL
					 19-5-1.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:45 - Funeral service › Chapter 20:45:01 - Meetings and hearings › Section 20:45:01:03 - Reviewing of contested cases

Current through Register Vol. 51, page 10, July 15, 2024
Petitions for review of decisions on contested cases may be
				  made to the board pursuant to SDCL chapter 1-26. For the purpose of reviewing
				  the decisions, the board may appoint a committee made up of a portion of the
				  board's membership. The committee shall enter written findings. The findings of
				  the committee must be reported to the full board for action. The board, in
				  writing, shall adopt, reject, or modify the committee findings, and issue its
				  written decision. Nothing in this section prevents or delays an aggrieved
				  person from making an immediate appeal from any decision of the board to the
				  circuit court as provided by SDCL chapter 1-26.
General Authority:
SDCL
					 36-19-9(5).
Law Implemented:
SDCL
					 36-19-12.
The amended version of this section by
				  50
				  SDR 157, effective
				  7/2/2024 is not yet
				  available.
Procedure for contested cases, SDCL
					 1-26-16 to
					 1-26-29.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:45 - Funeral service › Chapter 20:45:01 - Meetings and hearings › Section 20:45:01:04

Current through Register Vol. 51, page 10, July 15, 2024
The adopted version of this section by
				  50
				  SDR 157, effective
				  7/2/2024 is not yet
				  available.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:45 - Funeral service › Chapter 20:45:02 - General regulations › Section 20:45:02:01 - Inspection of premises

Current through Register Vol. 51, page 10, July 15, 2024
Each funeral establishment shall be inspected in the
				  following areas:
(1) Posting of
				establishment and licensee's licenses;
(2) Stock of caskets;
(3) Price of caskets, vaults, and other
				merchandise marked;
(4) Use of
				written contract as required by §
									20:45:02:05;
(5) Possession of funeral car and mortuary
				cot;
(6) General cleanliness of
				preparation room;
(7) Possession of
				working ventilation fan in preparation room;
(8) Possession of approved floor;
(9) Possession of operable aspirator in
				preparation room;
(10) Protection
				for water supply;
(11) Cleanliness
				and sterilization of instruments, including hypodermic needles and syringes;
				and
(12) Possession and cleanliness
				of waste receptacle.
The funeral establishment shall correct an existing violation
				  within 20 days, and the board shall reinspect the premises. An uncorrected
				  violation is cause for revocation of license. The board may extend this time at
				  its discretion. If at the time of renewal of the establishment license there is
				  a violation, the establishment license may not be renewed, but a temporary
				  license may be issued for 30 days to allow time for correction of the
				  violation. A funeral establishment shall pay the costs of the second and
				  subsequent reinspections.
A funeral establishment shall be open for inspection between
				  the hours of 9:00 a.m. to 5:00 p.m. Monday through Friday. Refusal of
				  inspection is cause for not renewing an establishment license as well as
				  grounds for revoking an establishment license.
General Authority:
SDCL
					 36-19-9(2).
Law Implemented:
SDCL
					 36-19-28,
					 36-19-31.
The amended version of this section by
				  50
				  SDR 157, effective
				  7/2/2024 is not yet
				  available.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:45 - Funeral service › Chapter 20:45:02 - General regulations › Section 20:45:02:02 - Equipment required for funeral establishment

Current through Register Vol. 51, page 10, July 15, 2024
The term, funeral establishment, is defined at SDCL
				  36-19-1(4) and
				  includes any place where embalming is performed. The preparation room of a
				  funeral establishment must be equipped with the following:
(1) Embalming table;
(2) Instruments for embalming;
(3) Sink connected to a public sewer or
				septic tank;
(4) Electric aspirator
				or hydroaspirator which is equipped with an automatic vacuum breaker to prevent
				contamination of the water supply;
(5) Embalming machine or equipment;
(6) Sanitary floor;
(7) Ventilation;
(8) Exhaust fan;
(9) Embalming fluid;
(10) Hardening compound;
(11) Rubber, plastic, latex, or vinyl
				goods;
(12) Body pouches;
(13) Disinfectant;
(14) Rubber, latex, or vinyl
				gloves;
(15) Aprons; and
(16) Receptacles for refuse, bandages,
				cotton, and other waste materials.
General Authority:
SDCL
					 36-19-9(1).
Law Implemented:
SDCL
					 36-19-28.
The amended version of this section by
				  50
				  SDR 157, effective
				  7/2/2024 is not yet
				  available.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:45 - Funeral service › Chapter 20:45:02 - General regulations › Section 20:45:02:03 - Maintenance of preparation room

Current through Register Vol. 51, page 10, July 15, 2024
All refuse, bandages, cotton, and other waste materials shall
				  be disposed of at the conclusion of each embalming case. All preparation rooms
				  shall be maintained in a clean and sanitary condition. All embalming tables,
				  sinks, floors, receptacles, instruments, and other appliances used in the
				  embalming of bodies shall be thoroughly cleansed and sanitized with a suitable
				  and an effective sanitizing agent immediately at the conclusion of each
				  embalming case.
General Authority:
SDCL
					 36-19-9.
Law Implemented:
SDCL
					 36-19-28.
The amended version of this section by
				  50
				  SDR 157, effective
				  7/2/2024 is not yet
				  available.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:45 - Funeral service › Chapter 20:45:02 - General regulations › Section 20:45:02:03.01

Current through Register Vol. 51, page 10, July 15, 2024
The adopted version of this section by
				  50
				  SDR 157, effective
				  7/2/2024 is not yet
				  available.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:45 - Funeral service › Chapter 20:45:02 - General regulations › Section 20:45:02:04 - False listings

Current through Register Vol. 51, page 10, July 15, 2024
A listing in directories, newspapers, radio stations,
				  television stations, or other printed or oral media indicating the location of
				  a funeral establishment in a town, city, or community in which the listed
				  funeral establishment is not located is considered false advertising and
				  grounds for revocation of licenses.
General Authority:
SDCL
					 36-19-9.
Law Implemented:
SDCL
					 36-19-12.
The amended version of this section by
				  50
				  SDR 157, effective
				  7/2/2024 is not yet
				  available.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:45 - Funeral service › Chapter 20:45:02 - General regulations › Section 20:45:02:05 - Written contract required

Current through Register Vol. 51, page 10, July 15, 2024
At the time funeral arrangements are made, a funeral
				  establishment shall give to the person making or ordering a funeral a written
				  contract which contains the following:
(1) Any service that has been or will be
				performed, including the removal of the body and transportation, and any
				merchandise selected, and the itemized price for any service and
				merchandise;
(2) The supplemental
				items of service or merchandise requested and the price of each item;
(3) Insofar as it can be specified at that
				time, the items for which the funeral director will advance money as an
				accommodation; and
(4) The terms or
				method of payment.
The funeral contract shall be signed by the purchaser and a
				  funeral home representative. A copy of the funeral contract shall be given to
				  the purchaser upon signing. A copy of the contract shall also be retained by
				  the funeral establishment.
General Authority:
SDCL
					 36-19-9(5).
Law Implemented:
SDCL
					 36-19-9.
The amended version of this section by
				  50
				  SDR 157, effective
				  7/2/2024 is not yet
				  available.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:45 - Funeral service › Chapter 20:45:02 - General regulations › Section 20:45:02:06 - Prearranged funeral contracts

Current through Register Vol. 51, page 10, July 15, 2024
A prearranged funeral contract includes any transaction in
				  which a person, or someone on the person's behalf, before the person's death,
				  contracts with a funeral establishment for the purchase or rental of personal
				  property or professional services for the final disposition of the person's
				  body. A prearranged funeral shall be contracted for on a form prepared by the
				  funeral establishment. The form shall comply with SDCL chapter 55-11 and shall
				  be in triplicate. One copy shall be kept in the funeral establishment. One copy
				  shall be delivered to the purchaser or beneficiary of the fund. One copy shall
				  be delivered to the bank, federal credit union, or savings and loan
				  association, if applicable. Any funeral establishment and licensee, who is a
				  party to a prearranged funeral contract, must be knowledgeable of and must
				  fully comply with SDCL chapter 55-11, and any violation of SDCL chapter 55-11
				  is grounds for revocation of a license. Any prearranged funeral contract funded
				  by an insurance policy purchased from or through a funeral establishment for
				  the purpose of paying, in whole or in part, for the purchase or rental of
				  personal property and professional services for the final disposition of a body
				  requires the funeral establishment to prepare a form itemizing such property
				  and services and to deliver a copy to the purchaser or beneficiary of the
				  contract and to retain a copy.
General Authority:
SDCL
					 36-19-9(5).
Law Implemented:
SDCL
					 36-19-9(5).
The amended version of this section by
				  50
				  SDR 157, effective
				  7/2/2024 is not yet
				  available.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:45 - Funeral service › Chapter 20:45:02 - General regulations › Section 20:45:02:07 - Length of time an unembalmed body may be kept

Current through Register Vol. 51, page 10, July 15, 2024
An unembalmed body may be kept no longer than 24 hours from
				  the time of death. Within 24 hours from the time of death, the body shall be
				  refrigerated, embalmed, cremated, or buried in the ground. Any deviation from
				  the foregoing requirements may only occur by an order of a court of competent
				  jurisdiction or written directive of a coroner.
General Authority:
SDCL
					 36-19-9(5).
Law Implemented:
SDCL
					 34-26-15.
The amended version of this section by
				  50
				  SDR 157, effective
				  7/2/2024 is not yet
				  available.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:45 - Funeral service › Chapter 20:45:03 - Licensing requirements › Section 20:45:03:01 - Minimum qualifications of trainee

Current through Register Vol. 51, page 10, July 15, 2024
An applicant for registration as a trainee in funeral service
				  shall have a high school education or a high school equivalent education, be at
				  least 18 years of age, and be of good moral character.
General Authority:
SDCL
					 36-19-9.
Law Implemented:
SDCL
					 36-19-9,
					 36-19-18.
The amended version of this section by
				  50
				  SDR 157, effective
				  7/2/2024 is not yet
				  available.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:45 - Funeral service › Chapter 20:45:03 - Licensing requirements › Section 20:45:03:02 - Traineeship in funeral service

Current through Register Vol. 51, page 10, July 15, 2024
A trainee in funeral service must complete one year's work of
				  traineeship before being eligible for licensure. For purposes of this rule, one
				  year's work is 12 months, either consecutive or non-consecutive, and in no
				  event may the traineeship be less than 2,080 hours. Although the 12-month
				  period is not required to be completed in consecutive succession, a trainee
				  must reapply for registration if the trainee seeks to resume duties after being
				  terminated by a sponsor, or if the trainee changes sponsors for any reason. The
				  traineeship may be served under different funeral service licensees and in
				  different funeral establishments licensed by the state of South Dakota. The
				  trainee must be a citizen of the United States or a resident of South Dakota.
				  The traineeship may be completed in one-month segments, or in special
				  circumstances, the traineeship may be completed in segments of time that are
				  otherwise acceptable to the board so long as the total traineeship hours are
				  not less than 2,080 hours. The Board of Funeral Service may extend the 12
				  months of traineeship at its discretion for unusual circumstances.
A funeral service licensee may not sponsor more than one
				  trainee at a time. The sponsoring funeral service licensee is fully responsible
				  for the trainee's actions and work in funeral service. The sponsor shall notify
				  the board immediately of the termination or temporary discontinuance of
				  supervision of a trainee.
The trainee shall file with the board at least 25 acceptable
				  embalming case reports on forms provided by the board for the purpose, along
				  with 12 monthly report cards. The trainee shall assist in the direction of at
				  least 25 funerals and present 5 sets of arrangements. All work shall be
				  performed under the supervision of the trainee's registered funeral service
				  sponsor or another licensee in the sponsor's establishment.
Both the sponsor and the trainee must notify the board if a
				  traineeship is terminated. The traineeship may be reinstated if the trainee
				  applies again to the board. A traineeship may be completed before or after
				  completing mortuary college.
Any funeral service licensee, including a sponsor or the
				  owner of a funeral establishment, who allows a person to do the work of a
				  trainee when that person is not registered with the board or when that person
				  has completed the traineeship program is subject to license
				  revocation.
General Authority:
SDCL
					 36-19-9(3).
Law Implemented:
SDCL
					 36-19-18.
The amended version of this section by
				  50
				  SDR 157, effective
				  7/2/2024 is not yet
				  available.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:45 - Funeral service › Chapter 20:45:03 - Licensing requirements › Section 20:45:03:02.01 - Mortuary student trainee

Current through Register Vol. 51, page 10, July 15, 2024
Any student enrolled in a course of study from a college of
				  mortuary science accredited by the American Board of Funeral Service Education,
				  Inc. may perform the same duties as a trainee if the student provides, to the
				  board, proof of enrollment in an accredited course of study and of obtaining a
				  mortuary student certificate to practice as a mortuary student trainee. This
				  practice does not apply toward the 12 months of traineeship as required by
				  §
									20:45:03:02 but may apply to the
				  student's education.
General Authority:
SDCL
					 36-19-9(3).
Law Implemented:
SDCL
					 36-19-18.
The amended version of this section by
				  50
				  SDR 157, effective
				  7/2/2024 is not yet
				  available.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:45 - Funeral service › Chapter 20:45:03 - Licensing requirements › Section 20:45:03:03 - College coursework requirements

Current through Register Vol. 51, page 10, July 15, 2024
An applicant for a funeral service license must successfully
				  complete the prescribed course of study from a college of mortuary science
				  accredited by the American Board of Funeral Service Education, Inc. In
				  addition, the applicant must complete an academic course requirement of 60
				  semester hours credit from an accredited college or university. The board
				  requires coursework in each of the following areas:
(1) Communications or the equivalent, for
				example:
(a) Speech;
(b) English composition;
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:45 - Funeral service › Chapter 20:45:03 - Licensing requirements › Section 20:45:03:03.01 - Acceptance of National Board Examination

Current through Register Vol. 51, page 10, July 15, 2024
If an applicant for a license to practice mortuary science
				  has satisfactorily passed the National Board Examination given by the
				  Conference of Funeral Service Examining Boards of the United States,
				  Incorporated, and is so certified by the commissioner of the conference, the
				  State Board of Funeral Service may accept the results of the National Board
				  Examination. In addition, the applicant shall successfully pass an examination
				  on laws of the state of South Dakota and the rules of the State Board of
				  Funeral Service. The examination shall include questions pertaining to
				  registration of deaths, embalming, transportation, disposition of dead human
				  bodies, and funeral directing. In order to accept the results of the National
				  Board Examination, the State Board of Funeral Service shall first determine
				  that the knowledge and skills assessed by the examination adequately and
				  accurately evaluate the knowledge and skills needed for actual job
				  performance.
General Authority:
SDCL
					 36-19-9.
Law Implemented:
SDCL
					 36-19-23.
The amended version of this section by
				  50
				  SDR 157, effective
				  7/2/2024 is not yet
				  available.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:45 - Funeral service › Chapter 20:45:03 - Licensing requirements › Section 20:45:03:04 - Filing of application

Current through Register Vol. 51, page 10, July 15, 2024
An applicant for licensure as a funeral director shall submit
				  a complete application to the Board of Funeral Service at least 15 days before
				  the examination date on a form procured from the secretary of the board. The
				  board shall timely approve or disapprove the application and shall forthwith
				  notify the applicant of the approval or disapproval. Only approved applicants
				  shall be allowed to sit for the examination. The application shall contain
				  identifying information, including the applicant's full name, age, and mailing
				  address; a record of the applicant's education; a certificate of
				  apprenticeship; personal recommendations; and a certificate of the national
				  conference examination. The applicant shall furnish certified high school,
				  college, and mortuary college transcripts from accredited schools containing a
				  list of subjects completed with the individual grades and credits. The
				  applicant shall include a photo and the application fee required by §
									20:45:04:02.
General Authority:
SDCL
					 36-19-9(3).
Law Implemented:
SDCL
					 36-19-20.
The amended version of this section by
				  50
				  SDR 157, effective
				  7/2/2024 is not yet
				  available.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:45 - Funeral service › Chapter 20:45:03 - Licensing requirements › Section 20:45:03:04.01

Current through Register Vol. 51, page 10, July 15, 2024
The adopted version of this section by
				  50
				  SDR 157, effective
				  7/2/2024 is not yet
				  available.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:45 - Funeral service › Chapter 20:45:03 - Licensing requirements › Section 20:45:03:05 - Failure to pass examination

Current through Register Vol. 51, page 10, July 15, 2024
An applicant who fails the examination may appear before the
				  board within one year after the first examination and may take and complete a
				  second examination. The second examination may be taken without an additional
				  fee. An individual must complete the entire application process and pay the
				  appropriate fee in order to take a third or any subsequent
				  examination.
General Authority:
SDCL
					 36-19-9(3).
Law Implemented:
SDCL
					 36-19-20.
The amended version of this section by
				  50
				  SDR 157, effective
				  7/2/2024 is not yet
				  available.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:45 - Funeral service › Chapter 20:45:03 - Licensing requirements › Section 20:45:03:07 - Renewal of lapsed license

Current through Register Vol. 51, page 10, July 15, 2024
A licensed funeral service director who does not renew the
				  license may have licensure restored at any time within three years by applying
				  to the Board of Funeral Service and paying the license fee required in §
									20:45:04:03 for each year the
				  license has lapsed. Licensees whose licenses have lapsed for more than three
				  years must complete requirements for licensure as required in SDCL chapter
				  36-19.
General Authority:
SDCL
					 36-19-9(3).
Law Implemented:
SDCL
					 36-19-12,
					 36-19-37.
The amended version of this section by
				  50
				  SDR 157, effective
				  7/2/2024 is not yet
				  available.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:45 - Funeral service › Chapter 20:45:03 - Licensing requirements › Section 20:45:03:08

Current through Register Vol. 51, page 10, July 15, 2024
The adopted version of this section by
				  50
				  SDR 157, effective
				  7/2/2024 is not yet
				  available.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:45 - Funeral service › Chapter 20:45:04 - License fees › Section 20:45:04:01 - Registration fee - Trainee

Current through Register Vol. 51, page 10, July 15, 2024
The registration fee for a trainee in funeral service is
				  $25.
General Authority:
SDCL
					 36-19-9.
Law Implemented:
SDCL
					 36-19-18.
The amended version of this section by
				  50
				  SDR 157, effective
				  7/2/2024 is not yet
				  available.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:45 - Funeral service › Chapter 20:45:04 - License fees › Section 20:45:04:03 - Annual renewal fee - Funeral director's license

Current through Register Vol. 51, page 10, July 15, 2024
The annual renewal fee for a funeral director's license is
				  $50.
General Authority:
SDCL
					 36-19-9.
Law Implemented:
SDCL
					 36-19-25.
The amended version of this section by
				  50
				  SDR 157, effective
				  7/2/2024 is not yet
				  available.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:45 - Funeral service › Chapter 20:45:04 - License fees › Section 20:45:04:04 - Application fee - Funeral establishment license

Current through Register Vol. 51, page 10, July 15, 2024
The application fee for a funeral establishment license is
				  $250.
General Authority:
SDCL
					 36-19-27.
Law Implemented:
SDCL
					 36-19-27.
The amended version of this section by
				  50
				  SDR 157, effective
				  7/2/2024 is not yet
				  available.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:45 - Funeral service › Chapter 20:45:04 - License fees › Section 20:45:04:05 - Annual renewal fee - Funeral establishment license

Current through Register Vol. 51, page 10, July 15, 2024
The annual renewal fee for each separate funeral
				  establishment license is $250.
General Authority:
SDCL
					 36-19-37.
Law Implemented:
SDCL
					 36-19-37.
The amended version of this section by
				  50
				  SDR 157, effective
				  7/2/2024 is not yet
				  available.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:45 - Funeral service › Chapter 20:45:04 - License fees › Section 20:45:04:07 - Application fee - Funeral service license

Current through Register Vol. 51, page 10, July 15, 2024
The application fee for a funeral service license is
				  $125.
General Authority:
SDCL
					 36-19-25.
Law Implemented:
SDCL
					 36-19-25.
The amended version of this section by
				  50
				  SDR 157, effective
				  7/2/2024 is not yet
				  available.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:45 - Funeral service › Chapter 20:45:04 - License fees › Section 20:45:04:08 - Annual renewal fee - Funeral service license

Current through Register Vol. 51, page 10, July 15, 2024
The annual renewal fee for a funeral service license is
				  $125.
General Authority:
SDCL
					 36-19-25.
Law Implemented:
SDCL
					 36-19-25.
The amended version of this section by
				  50
				  SDR 157, effective
				  7/2/2024 is not yet
				  available.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:45 - Funeral service › Chapter 20:45:05 - Crematories and cremations › Section 20:45:05:01 - Definition of terms

Current through Register Vol. 51, page 10, July 15, 2024
Terms defined in SDCL
				  34-26A-1 have the same meaning in
				  this chapter. In addition, terms used in this chapter mean:
(1) "Ambulatory surgery center," as defined
				in SDCL 34-12-1.1(1);
(2) "Authorizing agent," as defined in SDCL
				34-26A-2;
(3) "Biohazard label," a distinctive red or
				orange label used to identify pathological waste as potentially
				infectious;
(4) "Body parts," limbs
				or other portions of the anatomy that are removed from a person or human
				remains for medical purposes during treatment, surgery, biopsy, autopsy, or
				medical research; or human bodies or any portion of bodies that have been
				donated to science for medical research purposes;
(5) "Funeral establishment," as defined in
				SDCL 36-19-1(4);
(6) "Hospital," as defined in SDCL
				34-12-1.1(4);
(7) "Medical laboratory," a place where
				scientific examination on human tissue and organ specimens is conducted to aid
				in medical diagnosis or treatment;
(8) "Pathological waste," human tissues,
				organs, and blood or body fluids in liquid or semiliquid form that are removed
				from a person for medical purposes during treatment, surgery, biopsy, or
				autopsy;
(9) "Pulverization," the
				reduction of identifiable bone fragments after the completion of the cremation
				process to granulated particles by manual or mechanical means;
(10) "Physician," a person who is licensed or
				approved to practice medicine pursuant to SDCL chapter 36-4;
(11) "Sanitary condition," free of dirt,
				foreign particles, blood stains, offensive odors, and insects; and
(12) "Universal precautions," procedures for
				handling human remains and pathological waste which are intended to prevent
				parenteral, mucous membrane, and non-intact skin exposures of persons to
				disease-causing agents.
General Authority:
SDCL
					 34-26A-33.
Law Implemented:
SDCL
					 34-26A-33.
The amended version of this section by
				  50
				  SDR 157, effective
				  7/2/2024 is not yet
				  available.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:45 - Funeral service › Chapter 20:45:05 - Crematories and cremations › Section 20:45:05:02 - Applicability

Current through Register Vol. 51, page 10, July 15, 2024
This chapter applies to new crematories, to existing
				  crematories in operation on April 2, 1989, and to subsequent renovations,
				  additions, and changes in space use of crematories licensed by the
				  board.
General Authority:
SDCL
					 34-26A-33.
Law Implemented:
SDCL
					 34-26A-33.
The amended version of this section by
				  50
				  SDR 157, effective
				  7/2/2024 is not yet
				  available.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:45 - Funeral service › Chapter 20:45:05 - Crematories and cremations › Section 20:45:05:03 - Application for licensure or renewal of license - Fee

Current through Register Vol. 51, page 10, July 15, 2024
For new crematories or crematories not previously licensed,
				  application forms for licensure as a crematory authority may be requested from
				  the board. For license renewals, the board shall mail each year to each
				  licensed crematory authority notice that license renewal is due. Unless renewed
				  pursuant to SDCL chapter 34-26 A and this chapter, licenses issued under SDCL
				  chapter 34-26 A expire on December 31 following their issuance or renewal. A
				  license may not be transferred or assigned by the crematory authority. A person
				  submitting an application for the following entities must submit the
				  information as follows::
(1) A sole
				proprietorship must submit the applicant's full name and address for both the
				business and applicant's residence;
(2) A partnership must submit the full name
				and address of each partner;
(3) An
				association must submit the name and address of every member of the board of
				directors; or
(4) A corporation
				must submit the name and address of every officer, director, and shareholder
				holding more than 25 percent of the corporate stock.
An applicant must also pay the fee set forth in SDCL
				  34-26A-4 when submitting the
				  application to the board.
General Authority:
SDCL
					 34-26A-33.
Law Implemented:
SDCL
					 34-26A-4,
					 34-26A-33.
The amended version of this section by
				  50
				  SDR 157, effective
				  7/2/2024 is not yet
				  available.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:45 - Funeral service › Chapter 20:45:05 - Crematories and cremations › Section 20:45:05:04 - Issuance of license - Denial

Current through Register Vol. 51, page 10, July 15, 2024
The board shall issue or renew a license after payment of the
				  fee required by SDCL
				  34-26A-4, ascertainment that the
				  facts set forth in the application for licensure are true and complete, and
				  evidence, which may be determined by inspection by the board, that the
				  applicant meets the requirements of SDCL chapter 34-26 A and this chapter. The
				  board may refuse to issue or renew a license if the applicant does not meet the
				  requirements of this section. The applicant may contest the denial pursuant to
				  SDCL chapter 1-26. The most current license issued by the board must be posted
				  on the premises of the crematory in a place conspicuous to the public. The
				  license certificate remains the property of the board.
General Authority:
SDCL
					 34-26A-33.
Law Implemented:
SDCL
					 34-26A-4,
					 34-26A-33.
The amended version of this section by
				  50
				  SDR 157, effective
				  7/2/2024 is not yet
				  available.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:45 - Funeral service › Chapter 20:45:05 - Crematories and cremations › Section 20:45:05:05 - Annual inspection - Correction of violations

Current through Register Vol. 51, page 10, July 15, 2024
The board shall annually inspect the premises of licensed
				  crematories for compliance with the provisions of SDCL chapter 34-26 A and this
				  chapter. The inspection shall take place during business hours and shall be
				  conducted by an authorized board inspector after presentation of
				  identification. The scope of the inspection is limited to those areas provided
				  for in SDCL chapter 34-26 A and this chapter. An existing violation must be
				  corrected within 60 days after the board's inspection, unless an extension of
				  time is approved by the board. The crematory premises may be reinspected by the
				  board to verify correction, with the costs and fees of the reinspection being
				  assessed to and paid by the crematory authority. A crematory shall be open for
				  inspection from the hours of 9:00 a.m. to 5:00 p.m., Monday through Friday.
				  Refusal of inspection is cause for not renewing a crematory license, as well as
				  grounds for revoking a crematory license.
General Authority:
SDCL
					 34-26A-33.
Law Implemented:
SDCL
					 34-26A-4,
					 34-26A-33.
The amended version of this section by
				  50
				  SDR 157, effective
				  7/2/2024 is not yet
				  available.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:45 - Funeral service › Chapter 20:45:05 - Crematories and cremations › Section 20:45:05:06 - Suspension or revocation of license

Current through Register Vol. 51, page 10, July 15, 2024
Pursuant to SDCL chapter 1-26, the board may suspend or
				  revoke a license issued under SDCL chapter 34-26 A on any of the following
				  grounds:
(1) Violation by the
				crematory authority of the provisions of SDCL chapter 34-26 A or this
				chapter;
(2) Failure to allow board
				inspections; and
(3) Failure to
				correct violations in accordance with §
									20:45:05:05.
General Authority:
SDCL
					 1-26-29,
					 34-26A-33,
					 34-26A-34.
Law Implemented:
SDCL
					 34-26A-4,
					 34-26A-33,
					 34-26A-34.
The amended version of this section by
				  50
				  SDR 157, effective
				  7/2/2024 is not yet
				  available.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:45 - Funeral service › Chapter 20:45:05 - Crematories and cremations › Section 20:45:05:07 - Human remains defined

Current through Register Vol. 51, page 10, July 15, 2024
For purposes of this chapter, human remains are the body or
				  part of a body of a deceased person or part of a body or limb that has been
				  removed from a living person, including the body or body part in any stage of
				  decomposition which is entrusted to a crematory authority by the authorizing
				  agent for the express purpose of cremation as the lawful disposition of the
				  body after the person's death.
General Authority:
SDCL
					 34-26A-33.
Law Implemented:
SDCL
					 34-26A-33.
The amended version of this section by
				  50
				  SDR 157, effective
				  7/2/2024 is not yet
				  available.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:45 - Funeral service › Chapter 20:45:05 - Crematories and cremations › Section 20:45:05:08 - Physicians and medical facilities disposing of human remains required to be licensed

Current through Register Vol. 51, page 10, July 15, 2024
A physician, hospital, ambulatory surgery center, or medical
				  laboratory which cremates human remains other than pathological waste must be
				  licensed as a crematory authority by the board.
General Authority:
SDCL
					 34-26A-33.
Law Implemented:
SDCL
					 34-26A-5,
					 34-26A-33.
The amended version of this section by
				  50
				  SDR 157, effective
				  7/2/2024 is not yet
				  available.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:45 - Funeral service › Chapter 20:45:05 - Crematories and cremations › Section 20:45:05:09 - Container requirements for accepting pathological waste

Current through Register Vol. 51, page 10, July 15, 2024
A crematory authority may not accept for disposal
				  pathological waste which:
(1) Is in a
				container showing evidence of leakage of bodily fluids;
(2) Does not have a biohazard label securely
				and conspicuously affixed to the container;
(3) Is not sealed in either double impervious
				plastic bags or a single impervious plastic bag
resistant to spillage;
(4) Is not in a container that allows for
				ease of handling;
(5) Is not in a
				container composed of readily combustible materials suitable for cremation;
				or
(6) Does not provide protection
				for the health, safety, and personal integrity of the crematory personnel.
The biohazard label must contain a notice that reads
				  substantially as follows:
__________________________________________________________________
THESE HUMAN REMAINS CONTAIN POTENTIALLY HAZARDOUS
				  INFECTIOUS AGENTS, USE UNIVERSAL PRECAUTIONS IN HANDLING.
OBSERVE THE FOLLOWING PRECAUTIONS WHILE IN CONTACT WITH
				  REMAINS:
Wear gloves while handling these remains, particularly
				  if open cuts, abrasions, or other lesions are present on your hands. Exercise
				  caution while in contact with blood or other body fluids and your mucous
				  membrane surfaces, such as your eyes and mouth. Wash hands thoroughly and
				  promptly after contact with body fluids and after direct handling of
				  remains.
__________________________________________________________________
General Authority:
SDCL
					 34-26A-33.
Law Implemented:
SDCL
					 34-26A-33.
The amended version of this section by
				  50
				  SDR 157, effective
				  7/2/2024 is not yet
				  available.
Solid waste disposal, SDCL chapter 34A-6; Solid waste, art
					 74:27.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:45 - Funeral service › Chapter 20:45:05 - Crematories and cremations › Section 20:45:05:11 - Refrigeration requirements

Current through Register Vol. 51, page 10, July 15, 2024
A crematory authority which is unable to cremate unembalmed
				  human remains immediately upon taking custody of the human remains must provide
				  or maintain an operable refrigeration unit with cleanable, noncorrosive
				  interior and exterior finishes. The unit must be capable of maintaining a
				  temperature of 34 degrees Fahrenheit or below and of holding at least three
				  bodies. Human remains that are not embalmed may not be held by the crematory
				  authority for longer than 72 hours before cremation, except in the event of a
				  coroner's investigation or inquest or when otherwise ordered by a court of
				  competent jurisdiction. For purposes of this section, immediately upon taking
				  custody means within 24 hours of taking custody.
General Authority:
SDCL
					 34-26A-33.
Law Implemented:
SDCL
					 34-26A-33.
The amended version of this section by
				  50
				  SDR 157, effective
				  7/2/2024 is not yet
				  available.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:45 - Funeral service › Chapter 20:45:05 - Crematories and cremations › Section 20:45:05:12 - Embalming requirements

Current through Register Vol. 51, page 10, July 15, 2024
In addition to the requirements of §
									20:45:05:10, a crematory authority
				  which embalms human remains must provide for a person licensed by the state
				  Board of Funeral Service to perform the embalming in a facility licensed by the
				  state Board of Funeral Service.
General Authority:
SDCL
					 34-26A-33.
Law Implemented:
SDCL
					 34-26A-16,
					 34-26A-33.
The amended version of this section by
				  50
				  SDR 157, effective
				  7/2/2024 is not yet
				  available.
License required to embalm, practice funeral service or
					 maintain establishment, SDCL
					 36-19-14; Individual and small
					 onsite wastewater systems, ch 74:53:01.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:45 - Funeral service › Chapter 20:45:05 - Crematories and cremations › Section 20:45:05:13 - Construction standards

Current through Register Vol. 51, page 10, July 15, 2024
A crematory authority must meet at least the following
				  crematory construction standards:
(1)
				Provide a cremation chamber which is designed and fabricated expressly for the
				purpose of cremating human remains;
(2) Install windows and doors in such a way
				that rooms for preparation, holding, or cremation of human remains are
				obstructed from view from the outside and that fumes and odors are prevented
				from entering other parts of the crematory premises; and
(3) Control cremation chamber emissions in
				accordance with the rules of the Department of Environment and Natural
				Resources.
General Authority:
SDCL
					 34-26A-33.
Law Implemented:
SDCL
					 34-26A-3,
					 34-26A-33.
The amended version of this section by
				  50
				  SDR 157, effective
				  7/2/2024 is not yet
				  available.
Emission restrictions for incinerators, §
											74:36:06:04.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:45 - Funeral service › Chapter 20:45:05 - Crematories and cremations › Section 20:45:05:14 - Notice of construction or alteration of crematories

Current through Register Vol. 51, page 10, July 15, 2024
The board must be notified at least 30 days prior to
				  initiating construction of new crematories or permanent additions, alterations,
				  or modification of existing crematories. A crematory must be constructed so as
				  to comply with SDCL chapter 34-26 A as well as conform to all local building
				  codes and environmental standards.
General Authority:
SDCL
					 34-26A-33.
Law Implemented:
SDCL
					 34-26A-33.
The amended version of this section by
				  50
				  SDR 157, effective
				  7/2/2024 is not yet
				  available.
Operating permit or permit revision required, §
											74:36:04:02.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:45 - Funeral service › Chapter 20:45:05 - Crematories and cremations › Section 20:45:05:15 - Fire safety standards

Current through Register Vol. 51, page 10, July 15, 2024
A crematory must meet applicable fire safety standards in the
				  1988 NFPA 101, "Life Safety Code," and NFPA 82-1983, "Standard on Incinerators,
				  Waste and Linen Handling Systems and Equipment."
General Authority:
SDCL
					 34-26A-33.
Law Implemented:
SDCL
					 34-26A-3,
					 34-26A-33.
The amended version of this section by
				  50
				  SDR 157, effective
				  7/2/2024 is not yet
				  available.
NFPA 101, "Life Safety Code 1988," National Fire
					 Protection Association. Copies may be obtained from the National Fire
					 Protection Association, Batterymarch Park, Quincy, MA 02269. Cost:
					 $46.75.
NFPA 82-1983, "Standard on Incinerators, Waste and Linen
					 Handling Systems and Equipment," National Fire Protection Association. Copies
					 may be obtained from the National Fire Protection Association, Batterymarch
					 Park, Quincy, MA 02269. Cost: $19.50.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:45 - Funeral service › Chapter 20:45:05 - Crematories and cremations › Section 20:45:05:16 - Fire safety requirements for crematories attached to funeral establishments

Current through Register Vol. 51, page 10, July 15, 2024
A crematory which is a part of a funeral establishment or is
				  physically attached to a funeral establishment must be separated from the
				  funeral establishment by construction using noncombustible materials with a
				  fire resistance rating of no less than two hours. As an alternative to a
				  two-hour fire separation, an automatic sprinkler system may be installed in the
				  funeral establishment and a one-hour fire separation constructed between the
				  funeral establishment and the crematory.
General Authority:
SDCL
					 34-26A-33.
Law Implemented:
SDCL
					 34-26A-3,
					 34-26A-33.
The amended version of this section by
				  50
				  SDR 157, effective
				  7/2/2024 is not yet
				  available.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:46 - Hearing aid dispensers › Chapter 20:46:01 - General provisions › Section 20:46:01:03 - Record keeping

Current through Register Vol. 51, page 10, July 15, 2024
A permanent record of tests shall be kept on file in the
				  dispenser's office.
General Authority:
SDCL
					 36-24-12(8).
Law Implemented:
SDCL
					 36-24-12(12) and
					 (13).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:46 - Hearing aid dispensers › Chapter 20:46:01 - General provisions › Section 20:46:01:04 - Physicians consultation required

Current through Register Vol. 51, page 10, July 15, 2024
All hearing aid dispenser licensees in the state shall advise
				  the customer or prospective customer, in writing, that the customer's best
				  interests would be served by consulting a physician prior to the determination
				  for fitting a hearing aid if the dispenser finds any of the following
				  conditions to exist during an examination or consultation:
(1) Visible congenital or traumatic deformity
				of the ear;
(2) History of active
				discharge from the ear within the previous 90 days or history of intermittent
				discharge;
(3) History of recent
				sudden or rapidly progressive hearing loss within the previous 90
				days;
(4) Acute or chronic
				dizziness;
(5) An air/bone gap of
				15 to 20 decibels, or more, in the audiogram;
(6) The customer is 16 years of age or
				younger; or
(7) Visible evidence of
				cerumen accumulation or a foreign body in the ear canal.
General Authority:
SDCL
					 36-24-12(8).
Law Implemented:
SDCL
					 36-24-12(12) and
					 (13).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:46 - Hearing aid dispensers › Chapter 20:46:02 - Continuing education › Section 20:46:02:01 - Applicability

Current through Register Vol. 51, page 10, July 15, 2024
The continuing education requirements apply to all hearing
				  aid dispensers holding a license issued by the board.
General Authority:
SDCL
					 36-24-46.
Law Implemented:
SDCL
					 36-24-12.1(15).