25.231.12 100th Legislative Session 80
2025 South Dakota Legislature
Senate Bill 80
ENROLLED
AN ACT
ENTITLED An Act to revise provisions regarding students and trainees engaged in
the practice of funeral service.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 36-19-12.1 be AMENDED:
36-19-12.1. The board shall promulgate rules, in accordance with chapter 1-26,
to:
(1) Administer, coordinate, and enforce this chapter;
(2) Establish requirements for license application and renewal;
(3) Establish standards of professional conduct;
(4) Establish standards for the operation of a funeral establishment;
(5) Establish fees for licensure application and licensure renewal, as provided for in
§§ 36-19-25 and 36-19-27; and
(6) Establish the qualifications, supervision requirements, duration, and other
requirements for trainees and traineeships.
Section 2. That § 36-19-14 be AMENDED:
36-19-14. Except as otherwise provided in this section, a person may not, without
being licensed as a funeral director by the board:
(1) Embalm any dead human body;
(2) Practice embalming;
(3) Conduct or supervise funeral services and burials of casketed remains; or
(4) Maintain a funeral establishment in this state.
A trainee may embalm a dead human body and practice embalming, under the
supervision of a funeral director licensed by the board.
Section 3. That a NEW SECTION be added to chapter 36-19: 25.231.12 2 80
SB80 ENROLLED
This chapter does not apply to a student who is:
(1) Enrolled full-time in a program accredited by the American Board of Funeral Service
Education; and
(2) Engaged in an activity that:
(a) Is part of a course of that program; and
(b) Is directly supervised by a funeral director licensed by the board.
A student may not hold oneself out as a funeral director and may only use a title
that clearly indicates status as a student. The supervising funeral director is responsible
for the activities performed by the student.
Section 4. That § 36-19-21 be AMENDED:
36-19-21. The board may issue a license to practice funeral service to any person
who:
(1) Is at least eighteen years of age;
(2) Submits an application on a form prescribed by the board;
(3) Pays the application fee established by the board, in accordance with § 36-19-
12.1;
(4) Has completed at least ninety credit hours offered by an accredited institution of
higher education and obtained a degree or a certificate from a mortuary science or
funeral service program that is accredited by the American Board of Funeral Service
Education;
(5) Has completed a traineeship supervised by a person licensed pursuant to this
chapter;
(6) Has passed the national board examination, administered by the International
Conference of Funeral Service Examining Board; and
(7) Has not committed any act that constitutes a ground for denying, suspending, or
revoking a license under this chapter. 25.231.12 3 80
SB80 ENROLLED
An Act to revise provisions regarding students and trainees engaged in the practice of funeral
service.
I certify that the attached Act originated in
the:
Senate as Bill No. 80
Secretary of the Senate
President of the Senate
Attest:
Secretary of the Senate
Speaker of the House
Attest:
Chief Clerk
Senate Bill No. 80
File No. ____
Chapter No. ______
Received at this Executive Office
this _____ day of _____________,
2025 at ____________M.
By
for the Governor
The attached Act is hereby
approved this ________ day of
______________, A.D., 2025
Governor
STATE OF SOUTH DAKOTA ,
ss.
Office of the Secretary of State
Filed ____________, 2025
at _________ o'clock __M.
Secretary of State
By
Asst. Secretary of State