Section 25-08-02-01 - Unprofessional conductA licensee or intern embalmer may not engage in or permit others under the licensee's supervision or employment to engage in unprofessional conduct. Unprofessional conduct includes:
1. Harassing, abusing, or intimidating a customer or a customer's family; 2. Using profane, indecent, or obscene language within the immediate hearing of the family or relatives of the deceased; 3. Failure to treat with dignity and respect the body of the deceased, any member of the family or relatives of the deceased, any employee, or any other person encountered while within the scope of practice; 4. Habitual overindulgence in the use of or dependence on intoxicating liquors, prescription drugs, over-the-counter drugs, illegal drugs, or any other mood-altering substances that substantially impair a person's work-related judgment or performance; 5. Intentionally misleading or deceiving any customer in the sale of any goods or services provided by the licensee; 6. Knowingly making a false statement in the procuring, preparation, or filing of any required permit; 7. Knowingly making a false statement on a certificate of death; 8. Conviction of an offense that has a direct bearing upon that individual's ability to provide professional services or for which it is determined the individual is not sufficiently rehabilitated; 9. Misrepresentation or fraud; 10. Solicitation, after death or while death is impending, for business by the licensee, or by the agents, assistants, or employees of the licensee. This subsection does not prohibit general advertising; 12. Aiding or abetting an unlicensed person to practice funeral service; 13. Refusing to surrender promptly the custody of a dead human body upon the express order of a person lawfully entitled to its custody; 14. Gross negligence or gross incompetency in the practice of funeral service; 15. Knowingly violating any state or federal laws regarding funeral service; or 16. Failing to complete the continuing education required by chapter 25-02-03. N.D. Admin Code 25-08-02-01
Effective May 1, 1998; amended effective April 1, 2005.General Authority: NDCC 43-10-05, 43-10-06.2
Law Implemented: NDCC 43-10-05, 43-10-06.2, 43-10-16