The 1905 legislative assembly enacted legislation providing for a state board of embalmers and regulating the licensure and practice of embalming. The 1963 legislative assembly enacted legislation empowering the board of embalmers to license and regulate funeral establishments in the state. The 1989 legislative assembly changed the name of the board to the state board of funeral service and placed crematoriums under the board's jurisdiction. These enactments are codified as North Dakota Century Code Chapter 43-10, Chapter 43-10.1, Chapter 23-02.1, Chapter 23-06, and Chapter 23-21.1 and North Dakota Administrative Code Title 25, Article 33-04 and 05, and Chapter 33-06-15.
It is the responsibility of the board to uphold high ethical and professional standards in the practice of funeral service and in the conduct of business of funeral establishments and crematoriums in the state. The board grants licenses to funeral practitioners, funeral establishments, crematoriums, and registers intern embalmers. The board also hears complaints against practitioners and establishments. The board consists of the state health officer and three practitioners appointed by the governor. The appointees serve staggered four-year terms.