25.231.11 100th Legislative Session 80
2025 South Dakota Legislature
Senate Bill 80
Introduced by: Senator Jensen (Kevin)
Underscores indicate new language.
Overstrikes indicate deleted language.
An Act to revise provisions regarding students and trainees engaged in the practice 1
of funeral service. 2
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 3
Section 1. That § 36-19-12.1 be AMENDED: 4
36-19-12.1. The board shall promulgate rules, in accordance with chapter 1-26, 5
to: 6
(1) Administer, coordinate, and enforce this chapter; 7
(2) Establish requirements for license application and renewal; 8
(3) Establish standards of professional conduct; 9
(4) Establish standards for the operation of a funeral establishment; and 10
(5) Establish fees for licensure application and licensure renewal, as provided for in 11
§§ 36-19-25 and 36-19-27; and 12
(6) Establish the qualifications, supervision requirements, duration, and other 13
requirements for trainees and traineeships. 14
Section 2. That § 36-19-14 be AMENDED: 15
36-19-14. A Except as otherwise provided in this section, a person may not, 16
without being licensed as a funeral director by the board: 17
(1) Embalm any dead human body; 18
(2) Practice embalming; 19
(3) Conduct or supervise funeral services and burials of casketed remains; or 20
(4) Maintain a funeral establishment in this state. 21
A trainee may embalm a dead human body and practice embalming, under the 22
supervision of a funeral director licensed by the board. 23
Section 3. That a NEW SECTION be added to chapter 36-19: 24 25.231.11 2 80
Underscores indicate new language.
Overstrikes indicate deleted language.
This chapter does not apply to a student who is: 1
(1) Enrolled full-time in a program accredited by the American Board of Funeral Service 2
Education; and 3
(2) Engaged in an activity that: 4
(a) Is part of a course of that program; and 5
(b) Is directly supervised by a funeral director licensed by the board. 6
A student may not hold oneself out as a funeral director and may only use a title 7
that clearly indicates status as a student. The supervising funeral director is responsible 8
for the activities performed by the student. 9
Section 4. That § 36-19-21 be AMENDED: 10
36-19-21. The board may issue a license to practice funeral service to any person 11
who: 12
(1) Is at least eighteen years of age; 13
(2) Submits an application on a form prescribed by the board; 14
(3) Pays the application fee established by the board, in accordance with § 36-19-15
12.1; 16
(4) Has completed at least ninety credit hours offered by an accredited institution of 17
higher education and obtained a degree or a certificate from a mortuary science or 18
funeral service program that is accredited by the American Board of Funeral Service 19
Education; 20
(5) Has completed one year as a trainee under a traineeship supervised by a person 21
licensed pursuant to this chapter; 22
(6) Has passed the national board examination, administered by the International 23
Conference of Funeral Service Examining Board; and 24
(7) Has not committed any act that constitutes a ground for denying, suspending, or 25
revoking a license under this chapter. 26