NAC642.170. Grounds for disciplinary action: Misrepresentation of certain authority.


Latest version.
  •      1. For the purpose of taking disciplinary action, pursuant to NRS 642.470, against a person who holds a funeral director’s license, a permit to operate a funeral establishment or a license to conduct direct cremations or immediate burials, the term:

         (a) “Unprofessional conduct” includes, in addition to the conduct set forth in NRS 642.480, stating or implying that the holder of the license or permit is willing to carry out a duty for which a license or permit is required pursuant to chapter 642 of NRS if that duty is not authorized by the holder’s license or permit. For example, advertising in any form, including, without limitation, signs, telephone books, newspapers, messages conveyed by telephone, television, electronic mail and other electronic or photographic means, that states or implies that a proposed funeral establishment is an operating funeral establishment before the Board has issued all licenses and permits necessary for the operation of the establishment.

         (b) “False or misleading advertising” includes, in addition to the conduct set forth in NRS 642.490, advertising that states or implies that the holder of the license or permit is willing to carry out a duty for which a license or permit is required pursuant to chapter 642 of NRS if that duty is not authorized by the holder’s license or permit. For example, advertising in any form, including, without limitation, signs, telephone books, newspapers, messages conveyed by telephone, television, electronic mail and other electronic or photographic means, that states or implies that a proposed funeral establishment is an operating funeral establishment before the Board has issued all licenses and permits necessary for the operation of the establishment.

         2. For the purposes of this section, an applicant for a license or permit who obtains, pursuant to NRS 642.515, a temporary authorization to carry out the duties authorized by the license or permit for which he has applied shall be deemed a holder of that license or permit.

     (Added to NAC by Funeral Bd. by R021-04, eff. 10-31-2005)