SB22 SUB1
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 22
(By Senators Jackson, Helmick, Ross, Ball and Sharpe)
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[Originating in the Committee on the Judiciary;
reported January 19, 2000.]
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A BILL to amend and reenact section three, article six, chapter
thirty of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to embalmers and
funeral directors; requiring board members to take oath;
allowing for selection of officers; providing for salary and
expenses; requiring treasurer to post bond; authorizing
board to establish duties and compensation of employees;
allowing for meetings to be set as needed; establishing a
quorum; establishing powers and duties of board; authorizing
licensure; authorizing legislative rules; providing for
continuing education; and authorizing continuing education
through audio or video recordings.
Be it enacted by the Legislature of West Virginia:
That section three, article six, chapter thirty of the code
of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 6. EMBALMERS AND FUNERAL DIRECTORS.
§30-6-3. Oath of members of board; officers; salary and
expenses; bond of treasurer; meetings; powers and duties;
notice; rules; school of instruction; inspection.
Members of said board, before entering upon their duties,
shall take and subscribe to the oath of office prescribed by the
secretary of state.
Said board shall select from its own members a president, a
secretary and a treasurer. Each member shall be reimbursed for
his or her traveling expenses, incident to his or her attendance
upon the business of the board, and in addition thereto, the sum
of fifty dollars per day for each day actually spent by such the
member upon the business of the board. The secretary shall
receive an annual salary of not to exceed one thousand dollars,
the amount and payment of which shall be fixed by said the board,
and in addition thereto shall receive traveling and other
incidental expenses incurred in the performance of his or her
duties.
The board may employ an executive director and such clerks,
inspectors and assistants as it shall deem consider necessary to discharge the duties imposed by the provisions of this article
and duly promulgated rules and regulations of the board and to
effect its purposes, and the board shall determine the duties and
fix the compensation of such the executive director, clerks,
inspectors and assistants, subject to the general laws of the
state. Any inspector employed by the board shall have either a
West Virginia embalmer's license or a West Virginia funeral
director's license. Any inspection shall be conducted in such a
manner so as not to interfere with the conduct of business within
the funeral establishment, and the inspector shall be absolutely
prohibited from examining any books and records of the funeral
establishment.
All such the expenses, per diem and compensation shall be
paid out of the receipts of the board, but such the allowances
shall at no time exceed the receipts of the board.
The treasurer of the board shall give bond to the state of
West Virginia in such the sum as the board shall direct with two
or more sureties or a reliable surety company approved by the
board and such the bond shall be conditioned for the faithful
discharge of the duties of such the officer. Such The bond, with
approval of the board endorsed thereon, shall be deposited with
the treasurer of the state of West Virginia.
The board shall hold not less than two meetings during each
calendar year for the purpose of examining applicants for
licenses, such the meeting or meetings to be held at such a time
and place as the board shall determine. The time and place of
such the meeting shall be announced by publication in three daily
newspapers of general circulation in different locations in the
state and publication to be once a week for two consecutive weeks
immediately preceding each such meeting.
The board may hold such other meetings as it may deem
consider necessary and may transact any business at such the
meetings. Four or more members shall comprise a quorum
authorizing the board to transact such business as is prescribed
under this article.
The board shall have the power and it shall be its duty to
make and enforce all necessary rules, and regulations not
inconsistent with this article, for the examination and licensing
of funeral directors and the general practice of funeral
directing; the examination and licensing of embalmers and the
general practice of embalming and the registration and regulation
of apprentices; and the licensing and general operation of
funeral establishments, except that no rules and regulations
issued by the board shall require that an applicant for a license to operate a funeral establishment shall be required to have
either an embalmer's or funeral director's license.
The board shall publish in its rules and regulations propose
for legislative promulgation in accordance with the provisions of
article three, chapter twenty-nine-a of this code rules necessary
to effectuate the purposed of this article including but not
limited to the subjects to be covered in the said examinations
and the standards to be attained thereon. Changes in the rules
and regulations shall be published and shall be given due
publicity at least ninety days before becoming effective.
The board may conduct annually a school of instruction to
apprise funeral directors and embalmers of the most recent
scientific knowledge and developments affecting their profession.
Qualified lecturers and demonstrators may be employed by the
board for this purpose. The board shall give notice of the time
and place at which such the school will be held for all licensed
funeral directors and embalmers and it shall be the duty of every
licensed funeral director and embalmer to attend at least one
such school or other approved program every three years:
Provided, That the location of any school of continuing education
shall accommodate the geographic diversity of the embalmers and
funeral directors of this state. Compliance with the requirements of continuing education is a prerequisite for
license renewal.
Hours of continuing education may be obtained by attending
and participating in board-approved programs, meetings, seminars
or activities. Embalmers or funeral directors with thirty or
more years of experience may obtain all of the required
continuing education credit through the use of audio or video
recordings. It is the responsibility of each licensee to finance
his or her costs of continuing education.
The board, any of its members or any duly authorized
employee of the board shall have the authority to enter at all
reasonable hours for the purpose of inspecting the premises in
which the business or profession of funeral directing is
conducted or practiced or where embalming is practiced.
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(NOTE: The purpose of this bill is to allow any embalmer or
funeral director with thirty or more years of experience to
receive all of any required continuing education credit through
the use of audio or video recordings.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.)