H. B. 4540

         (By Delegates Poore, Guthrie, Staggers,

         Campbell, Marshall, Barrett, Lawrence,

         Moore, Young, Morgan and Diserio)

         [Introduced February 14, 2014; referred to the

         Committee on Government Organization then the Judiciary.]

A BILL to amend and reenact §30-6-8 of the Code of West Virginia, 1931, as amended, relating to embalmer licenses; and modifying educational requirements.

Be it enacted by the Legislature of West Virginia:

    That §30-6-8 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:

ARTICLE 6. BOARD OF FUNERAL SERVICE EXAMINERS.

§30-6-8. Embalmer license requirements.

    (a) The board shall issue a license to practice embalming to an applicant who:

    (1) Is of good moral character;

    (2) Is eighteen years of age or over;

    (3) Is a citizen of the United States or is eligible for employment in the United States;

    (4) Has a high school diploma or its equivalent;

    (5) Has completed one of the following education requirements, as evidenced by a transcript submitted to the board for evaluation:

    (A) (i) Has an associate a bachelor’s degree from an accredited college or university; or and

    (ii) Has successfully completed at least sixty semester hours or ninety quarter hours of academic work in an accredited college or university toward a baccalaureate degree with a declared major field of study; and

    (iii) Has graduated from a school of mortuary science, accredited by the American Board of Funeral Service Education, Inc, which requires as a prerequisite to graduation the completion of a course of study of not less than twelve months; or

    (ii) Has graduated from a school of mortuary science accredited by the American Board of Funeral Service Education, Inc., which requires as a prerequisite to graduation the completion of a course of study of not less than twelve months; or

    (B) Has a bachelor degree in mortuary science from an accredited college or university;

    (6) Has completed a one-year apprenticeship, under the supervision of a licensed embalmer and funeral director actively and lawfully engaged in the practice of embalming and funeral directing in this state, which apprenticeship consisted of:

    (A) Diligent attention to the work in the course of regular and steady employment and not as a side issue to another employment; and

    (B) The apprentice taking an active part in:

    (i) The operation of embalming not less than thirty-five dead human bodies; and

    (ii) Conducting not less than thirty-five funeral services;

    (7) Passes, with an average score of not less than seventy-five percent, the following examinations:

    (A) The National Conference of Funeral Services examination at a testing site provided by the national conference, which passage is a condition precedent to taking the state law examination;

    (B) The state law examination administered by the board, which examination must be offered at least twice each year; and

    (C) Any other examination required by the board; and

    (8) Has paid all the appropriate fees.

    (b) A license to practice embalming issued by the board prior to July 1, 2012, shall 2014, is for all purposes be considered a license issued under this section: Provided, That a person holding a license issued prior to July 1, 2012, 2014, must renew the license pursuant to the provisions of this article.

    NOTE: The purpose of this bill is to promote the professionalism of embalmers by requiring either an undergraduate bachelor's degree and one year of mortuary college or a bachelor's degree in mortuary science as educational requirements for a license.

    Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.