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Introduced Version House Bill 4543 History

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Key: Green = existing Code. Red = new code to be enacted

H. B. 4543

 

         (By Delegates Poore, Young, Stephens,

         Fragale, Longstreth and Ambler)

 

         [Introduced February 14, 2014; referred to the

         Committee on Government Organization then the Judiciary.]

 

 

A BILL to amend and reenact §30-6-5 of the Code of West Virginia, 1931, as amended, relating to the board of Funeral Service Examiners; requiring the board to implement an education program to make consumers generally aware of their rights with respect to selecting a funeral service, pricing for services, performance of services, filing a complaint and other relevant consumer information; requiring the board to post this consumer information on its website and to provide the information in paper format to funeral establishments; and requiring funeral establishments to provide the consumer information to consumers purchasing their services.

Be it enacted by the Legislature of West Virginia:

    That §30-6-5 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:

ARTICLE 6. BOARD OF FUNERAL SERVICE EXAMINERS.

§30-6-5. Powers of the board.

    (a) The board has all the powers set forth in article one of this chapter and in addition may:

    (1) Sue and be sued in its official name as an agency of this state;

    (2) Hire, fix the compensation of and discharge an executive director;

    (3) Hire, fix the compensation of and discharge the employees necessary to enforce the provisions of this article;

    (4) Set the requirements to be an inspector;

    (5) Examine and determine the qualifications of any applicant for a license;

    (6) Determine the qualifications of any applicant for a certificate;

    (7) Set cremation procedures and requirements;

    (8) Set the fees charged under the provisions of this article;

    (9) Set the fines assessed under the provisions of this article;

    (10) Issue, renew, deny, suspend, revoke or reinstate licenses and certificates and discipline licensees and certificate holders;

    (11) Set the continuing education requirements for licensees and certificate holders;

    (12) Investigate alleged violations of the provisions of this article and the rules promulgated hereunder, and orders and final decisions of the board;

    (13) Conduct hearings upon charges calling for discipline of a licensee or revocation or suspension of a license;

    (14) Propose rules in accordance with the provisions of article three, chapter twenty-nine-a of this code to implement the provisions of this article; and

    (15) Take all other actions necessary and proper to effectuate the purposes of this article.

    (b) The board shall implement an education program to make consumers generally aware of their rights with respect to selecting a funeral service, pricing for services, performance of services, filing a complaint and other relevant consumer information. The board shall post the consumer information on its website and make the consumer information available in paper format to funeral establishments, who shall provide a paper copy of the consumer information to any consumer purchasing their services.



    NOTE: The purpose of this bill is to require the board of Funeral Service Examiners to implement an education program to make consumers generally aware of their rights with respect to selecting a funeral service, pricing for services, performance of services, filing a complaint and other relevant consumer information. The bill requires the board to post this consumer information on its website and to provide the information in paper format to funeral establishments, and requires funeral establishments to provide the consumer information to consumers purchasing their services.


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

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