SD
South Dakota Senate Bill SB80

South Dakota 2025 Regular Session

South Dakota Senate Bill SB80 Compare Versions

OldNewDifferences
1-25.231.12 100th Legislative Session 80
1+25.231.11 100th Legislative Session 80
22
33
44 2025 South Dakota Legislature
55 Senate Bill 80
6-ENROLLED
7-
8-AN ACT
9-
10-
11-ENTITLED An Act to revise provisions regarding students and trainees engaged in
12-the practice of funeral service.
13-BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
14-Section 1. That § 36-19-12.1 be AMENDED:
15-36-19-12.1. The board shall promulgate rules, in accordance with chapter 1-26,
16-to:
17-(1) Administer, coordinate, and enforce this chapter;
18-(2) Establish requirements for license application and renewal;
19-(3) Establish standards of professional conduct;
20-(4) Establish standards for the operation of a funeral establishment;
21-(5) Establish fees for licensure application and licensure renewal, as provided for in
22-§§ 36-19-25 and 36-19-27; and
23-(6) Establish the qualifications, supervision requirements, duration, and other
24-requirements for trainees and traineeships.
25-Section 2. That § 36-19-14 be AMENDED:
26-36-19-14. Except as otherwise provided in this section, a person may not, without
27-being licensed as a funeral director by the board:
28-(1) Embalm any dead human body;
29-(2) Practice embalming;
30-(3) Conduct or supervise funeral services and burials of casketed remains; or
31-(4) Maintain a funeral establishment in this state.
32-A trainee may embalm a dead human body and practice embalming, under the
33-supervision of a funeral director licensed by the board.
34-Section 3. That a NEW SECTION be added to chapter 36-19: 25.231.12 2 80
35-SB80 ENROLLED
36-This chapter does not apply to a student who is:
37-(1) Enrolled full-time in a program accredited by the American Board of Funeral Service
38-Education; and
39-(2) Engaged in an activity that:
40-(a) Is part of a course of that program; and
41-(b) Is directly supervised by a funeral director licensed by the board.
42-A student may not hold oneself out as a funeral director and may only use a title
43-that clearly indicates status as a student. The supervising funeral director is responsible
44-for the activities performed by the student.
45-Section 4. That § 36-19-21 be AMENDED:
46-36-19-21. The board may issue a license to practice funeral service to any person
47-who:
48-(1) Is at least eighteen years of age;
49-(2) Submits an application on a form prescribed by the board;
50-(3) Pays the application fee established by the board, in accordance with § 36-19-
51-12.1;
52-(4) Has completed at least ninety credit hours offered by an accredited institution of
53-higher education and obtained a degree or a certificate from a mortuary science or
54-funeral service program that is accredited by the American Board of Funeral Service
55-Education;
56-(5) Has completed a traineeship supervised by a person licensed pursuant to this
57-chapter;
58-(6) Has passed the national board examination, administered by the International
59-Conference of Funeral Service Examining Board; and
60-(7) Has not committed any act that constitutes a ground for denying, suspending, or
61-revoking a license under this chapter. 25.231.12 3 80
62-SB80 ENROLLED
63-An Act to revise provisions regarding students and trainees engaged in the practice of funeral
64-service.
65-
66-
67-
68-
69-I certify that the attached Act originated in
70-the:
71-
72-Senate as Bill No. 80
73-
74-
75-
76-Secretary of the Senate
77-
78-
79-
80-
81-President of the Senate
82-
83-Attest:
84-
85-
86-
87-
88-Secretary of the Senate
89-
90-
91-
92-
93-Speaker of the House
94-
95-Attest:
966
977
988
999
10010
101-Chief Clerk
10211
12+Introduced by: Senator Jensen (Kevin)
10313
104-
105-Senate Bill No. 80
106-File No. ____
107-Chapter No. ______
108-
109-
110-
111-Received at this Executive Office
112-this _____ day of _____________,
113-
114-2025 at ____________M.
115-
116-
117-
118-By
119-for the Governor
120-
121-
122-The attached Act is hereby
123-approved this ________ day of
124-______________, A.D., 2025
125-
126-
127-
128-
129-
130-Governor
131-
132-STATE OF SOUTH DAKOTA ,
133-ss.
134-Office of the Secretary of State
135-
136-
137-Filed ____________, 2025
138- at _________ o'clock __M.
139-
140-
141-
142-
143-
144-Secretary of State
145-
146-
147-
148-By
149-Asst. Secretary of State
150-
151-
14+ Underscores indicate new language.
15+ Overstrikes indicate deleted language.
16+An Act to revise provisions regarding students and trainees engaged in the practice 1
17+of funeral service. 2
18+BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 3
19+Section 1. That § 36-19-12.1 be AMENDED: 4
20+36-19-12.1. The board shall promulgate rules, in accordance with chapter 1-26, 5
21+to: 6
22+(1) Administer, coordinate, and enforce this chapter; 7
23+(2) Establish requirements for license application and renewal; 8
24+(3) Establish standards of professional conduct; 9
25+(4) Establish standards for the operation of a funeral establishment; and 10
26+(5) Establish fees for licensure application and licensure renewal, as provided for in 11
27+§§ 36-19-25 and 36-19-27; and 12
28+(6) Establish the qualifications, supervision requirements, duration, and other 13
29+requirements for trainees and traineeships. 14
30+Section 2. That § 36-19-14 be AMENDED: 15
31+36-19-14. A Except as otherwise provided in this section, a person may not, 16
32+without being licensed as a funeral director by the board: 17
33+(1) Embalm any dead human body; 18
34+(2) Practice embalming; 19
35+(3) Conduct or supervise funeral services and burials of casketed remains; or 20
36+(4) Maintain a funeral establishment in this state. 21
37+A trainee may embalm a dead human body and practice embalming, under the 22
38+supervision of a funeral director licensed by the board. 23
39+Section 3. That a NEW SECTION be added to chapter 36-19: 24 25.231.11 2 80
40+ Underscores indicate new language.
41+ Overstrikes indicate deleted language.
42+This chapter does not apply to a student who is: 1
43+(1) Enrolled full-time in a program accredited by the American Board of Funeral Service 2
44+Education; and 3
45+(2) Engaged in an activity that: 4
46+(a) Is part of a course of that program; and 5
47+(b) Is directly supervised by a funeral director licensed by the board. 6
48+A student may not hold oneself out as a funeral director and may only use a title 7
49+that clearly indicates status as a student. The supervising funeral director is responsible 8
50+for the activities performed by the student. 9
51+Section 4. That § 36-19-21 be AMENDED: 10
52+36-19-21. The board may issue a license to practice funeral service to any person 11
53+who: 12
54+(1) Is at least eighteen years of age; 13
55+(2) Submits an application on a form prescribed by the board; 14
56+(3) Pays the application fee established by the board, in accordance with § 36-19-15
57+12.1; 16
58+(4) Has completed at least ninety credit hours offered by an accredited institution of 17
59+higher education and obtained a degree or a certificate from a mortuary science or 18
60+funeral service program that is accredited by the American Board of Funeral Service 19
61+Education; 20
62+(5) Has completed one year as a trainee under a traineeship supervised by a person 21
63+licensed pursuant to this chapter; 22
64+(6) Has passed the national board examination, administered by the International 23
65+Conference of Funeral Service Examining Board; and 24
66+(7) Has not committed any act that constitutes a ground for denying, suspending, or 25
67+revoking a license under this chapter. 26