HB4541 H GO AM 2-18

Thompson 3192

    The Committee on Government Organization moves to amend the bill on page 1, by striking out everything after the enacting clause and inserting in lieu thereof the following:

    “That §30-6-5 and §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.

§30-6-5. 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 a public 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.

§30-6-17. Apprenticeship.

    (a) After January 1, 2003, 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, 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 permitted to may not register or have registered more than five apprentices under his or her license at the same time. A funeral director may not supervise an apprentice while he or she is subject to any disciplinary action by the board.”