H. B. 4541

         (By Delegates Poore, Campbelll, Marshall,

         Lawrence, L. Phillips, Moore, Young, Fragale,

         Longstreth and Ambler)

         [Introduced February 14, 2014; referred to the

         Committee on Government Organization then the Judiciary.]

A BILL to amend and reenact §30-6-17 of the Code of West Virginia, 1931, as amended, relating to funeral service and embalming licenses; allowing apprentice applicants prior to July 1, 2015 to complete their apprenticeship program under the current educational requirements; and prohibiting a funeral director who is currently on probation or under other disciplinary action from supervising an apprentice during the period of disciplinary action.

Be it enacted by the Legislature of West Virginia:

    That §30-6-17 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:

ARTICLE 6. BOARD OF FUNERAL SERVICE EXAMINERS.

§30-6-17. Apprenticeship.

    (a) After January 1, 2003, 2014, the board shall issue a registration to be an apprentice funeral director or apprentice embalmer to an applicant who meets the following requirements:

    (1) Is of good moral character and temperate habits;

    (2) Is eighteen years of age or over;

    (3) A citizen of the United States or be eligible for employment in the United States;

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

    (5) Has completed one of the education requirements for an embalmer’s license, as set out in subdivision (5), subsection (a), section eight of this article;

    (6) Is not attending school and will not be attending school during the apprenticeship period; and

    (7) Has paid the appropriate fees.

    (b) Any person that commences an apprenticeship prior to January 1, 2003, 2015, may continue to serve such apprenticeship and is not subject to the requirements set forth in this section, but is subject to board approval.

    (c) The board may set the requirements for an apprenticeship, including the manner in which it shall be served and the length of time, which shall not be more than one year.

    (d) No A licensed funeral director or licensed embalmer shall be is not permitted to register or have registered more than five apprentices under his or her license at the same time. A funeral director is not permitted to supervise an apprentice during the period his or her license is on probation or while under other disciplinary action.

    NOTE: The purpose of this bill is to allow all apprentice applicants prior to July 1, 2015 to complete their apprenticeship program under the current educational requirements. It also prohibits a funeral director who is currently on probation or under other disciplinary action from supervising an apprentice during the period of disciplinary action.

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