# 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

### § 25-02-01-01. Definitions.

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.
History: Amended effective April 1, 1979; May 1, 1993; May 1, 1998; January 1, 2015.
General Authority: NDCC 43-10-05
Law Implemented: NDCC 43-10-05, 43-10-10, 43-10-10.1
### § 25-02-01-02. Waste disposal.

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.
History: Amended effective July 1, 1983; May 1, 1993; May 1, 1998.
General Authority: NDCC 43-10-05, 43-10-06
Law Implemented: NDCC 43-10-05, 43-10-06
### § 25-02-01-03. Preparation room equipment.

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.
History: Amended effective March 1, 1985; May 1, 1993; May 1, 1998; January 1, 2015.
General Authority: NDCC 43-10-05, 43-10-06
Law Implemented: NDCC 43-10-05, 43-10-06, 43-10-22, 43-10-23
### § 25-02-01-04. Instruments and appliances.

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.
History: Amended effective May 1, 1993; May 1, 1998.
General Authority: NDCC 43-10-05, 43-10-06
Law Implemented: NDCC 43-10-05, 43-10-06
### § 25-02-01-05. Funeral establishments.

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.
History: Amended effective May 1, 1993; May 1, 1998.
General Authority: NDCC 43-10-05, 43-10-06
Law Implemented: NDCC 43-10-05, 43-10-06
### § 25-02-01-06. Attire while embalming.

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.
History: Amended effective May 1, 1993; May 1, 1998.
General Authority: NDCC 43-10-05, 43-10-06
Law Implemented: NDCC 43-10-05, 43-10-06
### § 25-02-01-07. Serving of food and alcoholic beverages.

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.

History: Amended effective April 1, 2005.
General Authority: NDCC 43-10-05, 43-10-06
Law Implemented: NDCC 43-10-05, 43-10-06
### § 25-02-01-08. Privacy.

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.
History: Amended effective May 1, 1998; January 1, 2015.
General Authority: NDCC 43-10-05, 43-10-06
Law Implemented: NDCC 43-10-05, 43-10-06
### § 25-02-01-09. Shipment of bodies.

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.
History: Amended effective July 1, 1983; May 1, 1993; May 1, 1998.
General Authority: NDCC 43-10-05, 43-10-06
Law Implemented: NDCC 43-10-05, 43-10-06
### § 25-02-01-10. Refusal to provide service.

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.
History: Effective May 1, 1993; amended effective May 1, 1998.
General Authority: NDCC 43-10-05, 43-10-06, 43-10-16
Law Implemented: NDCC 43-10-05, 43-10-06, 43-10-16
