Senate Bill No. 22
(Senators Jackson, Helmick, Ross, Ball and Sharpe, original sponsors)
[Passed March 11, 2000; in effect ninety days from passage.]
AN ACT 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.
(a) Members of said board, before entering upon their
duties, shall take and subscribe to the oath of office prescribed
by the secretary of state.
(b) 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 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 the board, and in addition thereto shall receive traveling and
other incidental expenses incurred in the performance of his or
(c) The board may employ an executive director and such
clerks, inspectors and assistants as it shall consider necessary to discharge the duties imposed by the provisions of this article
and duly promulgated rules of the board and to effect its
purposes, and the board shall determine the duties and fix the
compensation of 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 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
(d) All the expenses, per diem and compensation shall be
paid out of the receipts of the board, but the allowances shall
at no time exceed the receipts of the board.
(e) The treasurer of the board shall give bond to the state
of West Virginia in the sum as the board shall direct with two or
more sureties or a reliable surety company approved by the board
and the bond shall be conditioned for the faithful discharge of
the duties of the officer. The bond, with approval of the board
endorsed thereon, shall be deposited with the treasurer of the
state of West Virginia.
(f) The board shall hold not less than two meetings during
each calendar year for the purpose of examining applicants for
licenses, the meeting or meetings to be held at a time and place
as the board shall determine. The time and place of 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 meeting.
(g) The board may hold such other meetings as it may
consider necessary and may transact any business at the meetings.
Four or more members shall comprise a quorum authorizing the
board to transact such business as is prescribed under this
(h) The board shall have the power and it shall be its duty
to make and enforce all necessary rules, 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 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.
(i) On or before the first day of July, two thousand, the
board shall propose for legislative promulgation in accordance
with the provisions of article three, chapter twenty-nine-a of
this code rules necessary to effectuate the purpose of this
article including but not limited to the subjects to be covered
in the examinations and the standards to be attained for
licensure; requirements for continuing education, including
authorizing continuing education credits through audio or video
recordings; and a procedure for the investigation and resolution
of complaints against persons licensed under this article.
(j) 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 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
(k) Hours of continuing education may be obtained by
attending and participating in board-approved programs, meetings,
seminars or activities. It is the responsibility of each licensee
to finance his or her costs of continuing education.
(l) 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.