1 SB288 H FIN AM 2 Rose
3348
3
4 The Committee on Finance moves
to amend the bill on page two, by striking out 5 everything
after the enacting clause and inserting in lieu thereof the following:
6
"ARTICLE
6. BOARD—OF FUNERAL 
AND CREMATORY
7
SERVICES.
530-6-1.
License or certificate required to practice.
2 The
practice of preparing dead human bodies for burial or cremation and the
subsequent 3 burial or cremation thereof has serious public
health and safety considerations and should only 4 be
practiced by a person who has specific training in those fields.
5 Therefore, the Legislature
hereby finds that to protect the public interest a person must 6 have a
license or certificate, as provided in this article, to provide
funeral services and practice
7
cremation and to operate a
funeral establishment and or
8
crematory
in the State of West Virginia.
1 530-6-2.
Short-title Definitions.
2 
3 
4 (a)
"Apprentice" means a person who is preparing to become a funeral
services licensee 5 and is learning the practice
of embalmingt funeral directing, or cremation under the direct
6
suoervision and personal instruction of a funeral services
license holder.
7
(b) "Board" means the West Virginia Board of
Funeral Service Examiners.
8
(c) "Certificate" means the authorization to
perform crematou services pursuant to this 9 article.
10 (d)
"Cremains" means all human remains. including foreign matter cremated
with the 11 human. recovered after the completion of
cremation.
12 (e)
"Cremation" means the mechanical or thermal process whereby a dead
human body 13 is reduced to ashes and
bone fragments and then further reduced by additional pulverization or 14 recremating
when necessary.
15 (f)
"Crematory" means a licensed place of business where a deceased human
body is 16 reduced to ashes and bone fragments and
includes a crematory that stands alone or is pan of 17 or
associated with a funeral establishment.
18 (g)
"Cremat0!Y operator" means a person certified by the secretary to
operate a 19 crematory.
20
(h,) 'Crematory operator in charge" means a certified 
operator
who accepts
21
responsibility for the operation of a crematory.
22
(i) "Deceased" means a dead human being for which
a death certificate is required. 23 (i)
"Embalming" means the practice of introducing chemical substances.
fluids, or gases 24 used for the purpose of
preservation or disinfection into the vascular system or hollow organs of 25 a dead
human body by arterial or hypodermic injection for the restoration of the
physical 26 appearance of a deceased.
27
(k) "Funeral" means a service. ceremony. or rites
performed for the deceased with a
28
body present.
29
(l) "Funeral directing" means the business of
engaging in the following:
30
(1) The shelter, custody, or care of a deceased;
31
(2) The preparation of a deceased for burial or other
disposition:
32
(3) The arranging or supervising of a funeral or memorial
service for a deceased; and 33 (4)
The maintenance of a funeral establishment for the preparation. care. or
disposition
34
of a deceased.
35
(m) "Funeral director" means a person licensed to
practice funeral directing.
36
(n) "Funeral establishment" means a licensed
place of business devoted to: The care, 37 preparation.
and arrangements for the transporting. embalming. funeral. burial. or other 38 disposition
of a deceased. A funeral establishment can include a licensed crematory.
39
(o) "Funeral service licensee" means a person
licensed to practice embalming and
40
funeral directing.
41
(p) "License" means a license. which is not
transferable or assignable, to:
42
(I) Practice embalming and funeral directing: or
43
(2) Operate a funeral establishment.
44
"Licensee" means a person holding a license
issued under the provisions of this article. 45 (q)"Licensee
in charge" means the holder of a funeral services license who accepts 46 responsibility
for the operation of a funeral establishment.
47 (r)
"Memorial service" means a service, ceremony, or rites performed for
the deceased 48 without a body present.
49 (s)
"Person" means an individual, partnership, association, corporation,
not-for-profit 50 organization. or any other
organization, 51 (t) "Registration"
means a registration to be an apprentice to learn the practice of 52 embalming,
funeral directing. or cremation.
1
530-6-3.
Definitions Termination of West Virginia Board of Funeral Service Examiners;
2
transfer of functions and responsibilities to Secretary of
State.
3 
4 
5 
6 
7 
8 
9 
15 
30 
35 btrning--€f-reereff-ath•rg-when-neeesseryt
41 
47 appearance-of-a-deceased-;
61 embalming-and-funeral-direeting-r
63 
64 
65 
66
68 
69 
70 without-a—body-present-r
71 
72 
73 
74 organization-or-any-other-organization•:
75 
76 
77 
78 (a)
The West Virginia Board of Funeral Service Examiners, previously established
under 79 this article. shall terminate on June 30.
2018. Any license, certificate. or registration issued by 80 that
board prior to July 1, 2018 shall remain in effect for the period specified at
the time the 81 license. certificate. or
registration was issued.
82
b
Prior to Jul 1 2018 the board ma continue to receive a lications for licenses
83
certificates. and registrations and for renewal of the same
as previously required by law. The 84 board
and its staff shall continue to act on those applications and. up until the
date of 85 termination. issue licenses, certificates.
and registrations to applicants providing complete and 86 sufficient
applications, as approgriate.
87
(c) Upon the effective date of the enactment of amendments
to this section during the
88
2018 regular session of the Legislature, and prior to the
termination of the board, complaints
6
89
alleging unprofessional conduct against any licensee,
certificate holder. or registrant shall be 90 submitted
to the Secretary of State for investigation.
91
(d) Prior to July 1. 2018, the board and its staff shall
take ell reasonable and necessary
92
measures to terminate the board's existing contracts and
leases effective June 30. 2018, under
93
the terms of those contracts. or, in coordination with the
Secretary of State. arrange for the 94 transfer
of those contracts and leases to the Secretary of State. The board and its
staff shall 95 arrange for all records, data.
equipment, and other tangible property owned by the board to be 96 transferred
to the Secretary of State prior to July 1, 2018.
97 (e) On
July 1. 2018. the Secretaty of State shall assume all powers, functions, and 98 duties
of the former board as detailed in this article.
99 (f)
All licenses, certificates. or registrations issued by the board after the
effective date of 100 the amendment of this section
in the 2018 regular session of the Legislature, but prior to the 101 termination
of the board, shall be valid if signed both by the executive director of the
board and 102 by any member of the board or. in the
absence of any available member of the board. by the 103 Secretary
of State.
104 (1)
If, due to resignation or retirement of its staff, the board is unable to
complete the 105 review of applications for
renewal of licenses or other authorizations to practice by June 30, 106 2018,
as provided under this article. the Secretary of State may grant temporary
authorizations 107 to aoplicants to continue to
practice for up to 60 days while the applications are reviewed by the 108 secretary.
109
(2) If, due to resignation or retirement of the board's
staff. and in the absence of any
110
members of the board. the board ceases to fulfill its
statutory functions. the Secretary of State
11 1 may
ask the State Auditor to find that no spending officer exists to authorize
expenditures from 112 the Funeral Service Examiners
Operating Fund. If the State Auditor makes this finding in writing. 113 the
Secretary of State shall then be authorized to expend money from that fund to
carry out the
114 requirements
of this article until there is a transfer of moneys to the new special revenue
7
account created
pursuant to 530-6-5 of this code.
(g)
The Secretary of State shah educate members of the public concerning the
transfer 
of responsibilities
from the Board of Funeral Service Examiners to the Secretary of State.
including
the manner in which complaints alleging violations of this article or
misconduct by 
licensees under this
article may be submitted to the Secretary of State.
530-64.
Rule-making authority;
carryover of existing
rules; authorization for emergency rules.
7 
22 
23 
25 
26 
27 
28 qt:taåified-r
29 
30 
31 
32 
33 
34 
35 
36 members-as-seeret&ty:
37 
38 
39 (a)
The Secretary of State shall propose rules for legislative approval in
accordance with 40 the provisions of S29A-3-1 et
seq. of this code to implement the provisions of this article 41 including.
but not limited to. the following:
42 (1)
The general practice of embalming, funeral directing. and cremating. and
operating a 43 funeral establishment and
crematocy.:
44
(2) The issuing and renewing of licenses. certificates, and
courtesy cards, including
45
establishing a staggered biennial renewal schedule:
46
(3) The requirements for inactive licensees:
47
(4) The registration and regulation of apprentices:
9
48
(5) Establish a cremation procedure and crematory
requirements;
49
(6) Establish inspection requirements for funeral
establishments and crematories,
50
including an inspection of a new facility and annual
inspections of existing facilities:
51
(7) Establish inspector and investigator requirements:
52
(8) Setting the fees charged under the provisions of this
article:
53
(9) Setting the fines assessed under the provisions of this
article:
54
(10) Setting requirements for continuing education for
licensees;
55
(I l) Denying. suspending. revoking, reinstating, or
limiting the practice of a licensee or 56 certificate
of qualification:
57
(12) The investigation and resolution of complaints against
persons licensed. certified, or
58
registered under this article:
59
(13) Establish advertising standards: and
60
(14) Propose any other rules necessay to effectuate the
provisions of this article.
61
(b) All rules promulgated by the West Virginia Board of
Funeral Service Examiners and 62 in
effect on the effective date of the amendments to this article enacted during
the 2018 regular 63 session of the Legislature
shall remain in effect and may be applied or enforced by the
64
Secretary. of State until the secretary proposes new rules
to supersede the rules currently in
65
effect: Provided. That these rules shall expire on July 1.
2021. if not superseded sooner. The 66 secretary
is authorized to request the repeal, pursuant to the provisions of 529A-3-1
a(b) of this 67 codet of any rules previously.
promulgated by the West Virginia Board of Funeral Service 68 Examiners.
69
(c) If the Secretacy of State chooses during the 2018
calendar year to proQose rules for
70
legislative approval to supersede or update the rules
previously promulgated by the West 71 Vir
inia Board of Funeral Service Examiners the secreta ma initiate the rule-makin rocess
72
with
a notice of proposed rulemaking as provided within S29A-3-5 of this code prior
to October
73 1,
2018. and. notwithstanding the time limit specified in $29A-3-12(a) of this
codet the 74 Legislative Rule-Making Review Committee
shall consider and review the rules for approval for 
introduction in the
2019 regular session of the Legislature. If the secretary proposes a rule for 76 legislative
approval pursuant to this section, the secretary is also authorized to
promulgate a 
corresponding emergency
rule pursuant to the provisions of S29A-3-15 of this code.
530-6-5.
Powers-of-the-board Crematory operator certificate requirements.
6 
23
24 In
order to operate a crematuy lawfully in this state, the operator must be
certified by the 25 Secretary of State. The
secretary shall issue a certificate to be a crematory operator to an 26 applicant
who meets the following requirements:
27
(1) Has completed a class. authorized by the secretary. on
cremation and operating a
28
crematory:
29
(2) Has paid all the aQpropriate fees: and
30
(3) Has completed such other requirements as prescribed by
the secretary.
1 530-6-6.
Rule-making-authority Funeral service license requirements.
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 The
Secretary of State shall issue a license to practice embalming and funeral
directing. 30 which license shall be known
as a funeral service license. to an applicant who meets the
31
following requirements:
32
(1) Is of good moral character:
33
(2) Is 18 years of age or older:
34
(3) Is a citizen of the United States or is eligible for
employment in the United States:
35
(4) Holds a high school diploma or its equivalent:
36
(5) Has completed one of the following education
requirements. as evidenced by a 37 transcript
submitted to the secretary for evaluation:
38
(A) (i) Has an associate's deqree from an accredited
college or university, or has
39
successfully completed at feast 60 semester hours or 90
quarter hours of academic work in an 40 accredited
college or university toward a baccalaureate degree with a declared major field
of 41 study:
and
42 (ii)
Has graduated from a school of mortuary science. accredited by the American
Board 43 of Funeral Service Education, Inc., which
requires as a prereguisite to graduation the
44
completion of a course of study of not less than 12 months:
or
45
(B) Has a bachelor's degree in mortuary science from an
accredited college or 46 university:
47
(6) Has completed an apprenticeship established by the
Secretatu of State pursuant to
48
530-6-9 of this code: and
49
(7) Has paid all the appropriate fees.
1
530-6-7.
Fees; special revenue account; administrative fines
2
(a)
All fees and other moneys, except administrative fines, received by the boa-rd 3 Secretary
of State shall be deposited in a separate special revenue fund in
the state Treasury
4 and be
used for the administration of this article. 
5 
6 
7 the-General-R-eventte-F-und-:-
The Secretary of State is authorized to expend moneys of the fund 8 from
collections to carry out the grovisions of this article. No compensation or
expense incurred 9 under this article is a charge
against the General Revenue Fund.
10 (b) Any amounts received as
administrative fines imposed pursuant to this article shall 1 1 be
deposited into the General Revenue Fund of the state Treasury.
12 (c) On
June 30. 2019, and each year thereafter. any amounts in the Funeral Services 13 Licensing
Fund over $250,000 shall revert to the General Revenue Fund.
1
530-6-8.
Embalmer—license—requirements Licenses and certificates or eauivalent
2
authorizations from another state; courtesy cards.
3 
4 
5 
6 
7 
21 
22 
23 
24 
26 
28 
29 
30 
31 
35 
36 
37
38 (a)
The secretary shall issue a funeral service license or a certificate to be a
crematory 39 operator to an applicant of good morel
character who holds a valid license or a certificate or its 40 equivalent
to practice from another state or iurisdiction if the applicant demonstrates
that:
41 (I) He
or she holds a license or certificate or its equivalent to practice in another
state or 42 jurisdiction which was granted after
completion of educational requirements substantially.
43
equivalent to those required in this state:
44
(2) He or she holds a license or its equivalent to practice
in another state which was 45 granted after passing, in that
or another statet an examination that is substantially. equivalent to 46 the
examination required in this state;
47 (3)
Reciprocal rights are provided by such other state or jurisdiction to holders
of funeral 48 services licenses and
certificates granted in this state;
49 (4) He
or she is not currently being investigated by a disciplinary authority of
another 50 state, does not have charges pending
against his or her license or something eguivalent to 51 practice
and has never had a license or equivalent authorization to practice revoked:
52
(5) He or she has not previously failed an examination for
funeral service license in this
53
state;
54
(6) He or she has paid the application fee specified by
rule: and
55
(7) He or she has completed such other action as required
by rules promulgated by the 56 secretary.
57 (b)
The Secretary of State may enter into reciprocal agreements with funeral
services 58 and crematory licensing authorities in
other states for the mutual recognition of licenses 59 between
states.
60 (c)
The secretary may issue courtesy cards. beginning on July 1 , 2018, to funeral 61 services
license holders in the states bordering on West Virginia:
62
(1) A courtesy card may only be issued after the:
63
(A) Application for a courtesy card is made on a form
prescribed by the secretary:
64
(B) Payment of a fee: and
65
(C) Adherence to such other requirements as specified by
the secretacy by rule;
66
(2) A courtesy card may only be issued under the following
conditions:
67
(A) Holders of courtesy cards shall not be permitted to
open or operate a place of 68 business for the purpose of
conducting funerals, embalming bodies, or cremating in the State of
69
West Virginia: and
70
(B) Holders of courtesy cards shall not be permitted to
maintain an office or agency in 71 this
state for the purpose of conducting funerals. embalming bodies. or cremating in
the State of 72 West Virginia:
73
(3) A violation of S30-6-8(c)(2) of this code shall be
sufficient cause for the secretary to
74
immediately revoke or cancel the courtesy card of the
violator.
530-6-9.
Funeral-director-fie-e-n-se-reqtiiremenf-s Apprenticeship.
2 
3 meets-the-following-reqt:tirem€ftts-:
4 
5 
6 
7 
8 
9 
10
(a) The Secretary of State shall issue a registration to be
an apprentice to a funeral
11
services licensee to an applicant who meets the following
requirements:
12
(1) Is of good moral character and temperate habits:
13
(2) Is 18 years of age or older;
(3) Is a citizen of the United
States or eligible for employment in the United States:
15
(4) Has a high school diploma or its equivalent:
16
(5) Has completed one of the education requirements for a
funeral service licensee as 17 set
out in 530-6-6(5) of this code;
18
(6) Is not attending school and will not be attending
school during the apprenticeship
19
period: and
20
(7) Has paid the appropriate fees.
21
(b) The secretary may set the requirements for an
apprenticeship. including the manner 22 in
which it shall be served and the length of time. which shall not be more than
one year.
23 (c) No
funeral services licensee shall be permitted to register or have registered
more 24 than five apprentices under his or her
license at the same time.
1
530-6-10.
Funeral establishment
license
2
requirements.
3 
4 
5 meets-the-folåowing-req-tfrements•t
6 
7 
8 
9 
10 
1 1 
12 
1 3 
14 
15 
16 
17 seetion•:
18 
19 
20 
21 (a)
Every funeral establishment in West Virginia shall be licensed prior to opening
a 22
funeral
establishment for business to the pubjjc. The secretary shall issue a license
to operate a 23 funeral establishment to an
applicant who meets the following requirements:
24 (1)
The place of business has been approved by the secretary as having met all the 25 requirements
and qualifications to be a funeral establishment as are reguired by this
article and 26 legislative rules promulgated
pursuant thereto:
27
(2) Notify the secretary. in writing. at least 30 days
before the proposed opening date. so
28
there can be an inspection of the funeral establishment:
29
(3) Show proof that the funeral establishment passed an
annual inspection:
30
(4) Show that the funeral establishment employs a licensee
in charge:
31
(5) Show that the licensee in charge will manage the funeral
establishment and be
32
responsible for alt business conducted and services
performed therein:
33
(6) Pay all the appropriate fees: and
34
(7) Complete such other requirements as specified by the
secretary.
35
(b) Every separate funeral establishment shall be operated
under the supervision and 36 management of a licensee in
charge. Each funeral establishment shall display in all advertising 37 the
name of the licensee in charge of the establishment. All funeral establishments
shall 38 prominently display within the funeral
establishment the license of the licensee in charge.
39
(c) Each funeral establishment license shall be valid for
only one funeral establishment
40
to be located at a specific street address. There shall be
a separate license issued and a 41 separate
fee assessed to operate additional funeral establishments by the same
applicant. The 42 funeral establishment license
shall be prominently displayed within the funeral establishment. 43 (d)
The holder of a funeral establishment license who ceases to operate the funeral
44
establishment
at the location specified in the application shall, within 20 days thereafter. 45 surrender
the funeral establishment license to the secretary, end the license shatl be
canceled 46 by the secretary. In the event of the
death of an individual who was the holder of a funeral 47 establishment
license, it shall be the duty of the holder's personal representative to
surrender 48 the funeral establishment license within
120 days of qualifying as the personal representative. 49 (e) If
a licensee or certificate holder in charge ceases to be employed by a funeral 50 establishment.
then the holder of the funeral establishment license shall notify the secretary
51
within
30 days of the cessation. Within 30 days after such notification, the holder of
a funeral 52 establishment license shall execute a new
application for a funeral establishment license 53 specifying
the name of the new licensee in charge. A funeral establishment is prohibited
from 54 operating more than 30 days without a
licensee in charge.
55 (f) A
licensee or certificate holder whose funeral service license has been revoked
or a 56 holder of a license or certificate to
operate a funeral establishment whose license to operate has
57
been revoked shall not operate, either directly or
indirectly, or hold any interest in any funeral
58
establishment or crematory for so long as the funeral
service license or license or certificate to
59
operate a funeral establishment is revoked: Provided, That
a holder of a license or certificate to
60
operate a funeral establishment whose license or
certificate to operate has been revoked is not
61
prohibited from leasing any property owned by him or her
for use as a funeral establishment. so 62 long
as the property owner does not participate in the control or profit of the
funeral 63 establishment except as lessor of the
premises for a fixed rental not dependent upon earnings. 64 (g)
Failure to comply with any of these provisions shall be grounds for revocation
of a
65
funeral establishment license.
66
530-6-11.
Crematory operator certificate requirements.
1 (a)
All crematory operators shall be certified by the 
2 
3 
4 erem-ato•m
5 
6 
7 
8 
9 
10 
1 1 
13 secretary, who shall
issue a crematory certificate to an applicant who meets the 14 following
requirements:
15
(1)
The place of business has been approved by the secretary as having met all the
16
requirements
and qualifications to be a crematory as are required by this article;
(2) The crematory conforms with all local building codes;
18
(3)
The crematory meets all applicable environmental standards;
19
(4)
Notify the secretary, in writing, at (east 30 days before the proposed opening
date so
20
there
can be an inspection of the crematory;
21
(5)
Show proof that the crematory passed the inspection;
22
(6)
Have a certified crematory operator in charge;
23
(7)
Pay all the appropriate fees; and
24
(8)
Complete such other requirements as specified by the secretary.
25
(b)
Every separate crematory shall be operated under the supervision and management
26
of
a certificate holder in charge. Each crematory shall display in all advertising
the name of the 27 certificate holder in charge
of the establishment. All crematories shall prominently display within 28 the
funeral establishment the certificate of the certificate holder in charge.
29
(c)
Each crematory certificate shall be valid for only one crematory to be located
at a
30
specific
street address. There shall be a separate certificate issued and a separate fee
31
assessed
to operate additional crematories by the same applicant. The crematory
certificate 32 shall be prominently displayed within the
crematory.
33 (d) The holder of a crematory
certificate who ceases to operate the crematory at the 34 location
specified in the application shall, within 20 days thereafter, surrender the
crematory 35 certificate to the secretary, and the license
shall be canceled by the secretary. In the event of 36 the
death of an individual who was the holder of a crematory certificate the
holder's personat 37 representative shall surrender
the crematory certificate within 120 days of qualifying as the 38 personal
representative.
39 (e) If a certified crematory
operator in charge ceases to be employed by a crematory, 40 then
the holder of the crematory certificate shall notify the secretary within 30
days of the 41 cessation. Within 30 days after such
notification, the holder of a crematory certificate shall
42 execute a new application for
a crematory certificate specifying the name of the new certified 43 crematory
operator in charge. A crematory is prohibited from operating more than 30 days 44 without
a certified crematory operator in charge.
45
(f)
A holder of a crematory certificate whose certificate to operate has been
revoked or a
46
holder
of a crematory cettificate whose certificate has been revoked shall not
operate, either
47
directly
or indirectly, or hold any interest in any crematory or funeral establishment:
Provided
48
That
a holder of a crematory certificate whose certificate has been revoked is not
prohibited
49
from
leasing any property owned by him or her for use as a crematory, so long as the
property 50 owner does not participate in the control or
profit of the crematory except as lessor of the 51 premises
for a fixed rental not dependent upon earnings.
52 (g) Failure to comply
with any of these provisions shall be grounds for revocation of a
crematory license.
530-6-12.
this-state Inspector and inspection requirements.
8 in-this-state
I l 
14 
(a)
The
secretary shall appoint one or more persons to serve as inspectors of funeral
23 establishments and crematories.
(b)
Each
inspector shall inspect a specific region, as designated by the secretary. Any
25 person being employed as an inspector is prohibited
from inspecting in the region in which he or 26 she practices.
27 (c) All inspections shall be conducted in a manner
so as not to interfere with the conduct 28 of business within the
funeral establishment or crematory. The secretary or an inspector 29 retained
by the secretary has the authority to enter, at all reasonable hours, for the
purpose of 30 inspecting the premises in which the business of embalming,
funeral directing, or cremating is 31 conducted.
32 (d) Ail of an inspector's expenses, per
diem, and compensation shall be paid out of the 33 receipts of the secretary,
but the allowances shall at no time exceed the receipts of the 34 secretary
received pursuant to this article.
35 (e) The secretary is authorized to
set fees for inspections: Provided, That there shall be no fee 36 for
an annual inspection.
1
530-6-13.
Gotmesy—eards License, certificate, and courtesy card renewal; conditions of
2
renewal.
3 
4 
5 
6 
7 
8 
9 
10 
I l West-Virginia-rand
12 
13 
15 
16 
17 (a) The secretary shall
biennially on July 1 , and pursuant to a staggered schedule, 18 renew
a funeral service •license or a certificate to be a crematory operator to every
licensee or 19 certificate holder desiring to continue in
active practice or service.
20 (b)
The secretary shall charge a fee for each renewal and a late fee for nonrenewal
of a 21
license
or certificate.
22
(c)
The secretary shall require as a condition for the renewal of a funeral service
license
23
or
a certificate to be a crematory operator that each licensee or certificate
holder participate in 24 continuing education.
25 (1)
The secretary shall establish continuing education requirements for each
licensee or 26 certificate holder to complete during a license
period. The secretary shall propose rules for 27 legislative
approval in accordance with the provisions of S29A-3-1 et seq. of this code to
specify 28
the
amount and types of education to be completed and the manner in which
licensees, 29 certificate holders, and education providers may
apply for approval of courses offered.
30 (2) Hours of continuing
education may be obtained by attending and participating in 31 programs,
meetings, seminars, or activities approved by the secretary. It is the
responsibility of 32 each licensee or certificate
holder to finance his or her costs of continuing education.
33 (3) Any holder of a funeral
services license or certificate holder 65 years or older with at 34 least
10 years' experience is entitled to be issued, after payment of a fee, a
funeral service 35 license emeritus or a
crematory operator certificate emeritus and is exempt from all continuing 36 education
requirements. The emeritus license or certificate shall entitle the holder to
all the 37
rights
and privileges of the license or certificate previously held by the licensee or
certificate 38 holder.
39 (d) Any person holding a
funeral service license or certificate to be a crematory operator 40 who
does not desire to continue in active practice shall notify the secretary, in a
manner 41
specified
by the secretary, and pay a fee, and shall, during such period, be listed by
the 42
secretary
as being inactive. At such time a person desires to return to active practice,
he or she 43 must notify the secretary, in a manner
specified by the secretary, and complete all the 44 continuing
education requirements.
45 (e)
All funeral establishment licenses and certificates to be a crematory operator
shall be
46 renewed
biennially, by a staggered schedule, upon or before July 1, and the holder must
pay a 47
renewal
fee. A holder of a funeral establishment license or certificate that fails to
pay fees for 48 either the principal establishment or
additional establishments by July 1 of the renewal year is 49 subject
to a penalty, a reinstatement fee for each establishment, and the required
renewal fee. 50 (f) All certificates to be a crematory operator
must be renewed biennially, by a staggered 51 schedule,
upon or before July 1, and the holder must pay a renewal fee. A holder of a
crematory 52 certificate that fails to pay fees for either
the principal establishment or additional establishments 53 by
July 1 of the renewal year is subject to a penalty, a reinstatement fee for
each establishment,
54
and
the required renewal fee.
55
(g)
Any courtesy card issued pursuant to this article must be renewed annually.
1
530-6-14.
Requirements for
2
cremating.
3 
4 
5 
6 
7 license-or-eeÆfit&te:
8 
9 
10 
11 
12 
13 
14 
16 
17 
18 
19 
20 
21 
22 (a) A
crematory shall obtain written permission prior to cremating a dead human body.
23 The
written permission shall be obtained from persons in the following order of
precedence:
24
(1) The deceased, who has expressed his or her wishes
regarding the disposal of his or 25 her
remains through a last will and testament, an advance directive, or preneed
funeral contract, 26 as defined in 547-14-2 of this
code;
27 (2) An individual previously
designated by the deceased as the person with the right to 28 control
disposition of the deceased's remains in a writing signed and notarized by the
deceased: 29 Provided, That no person may be designated to
serve in such capacity for more than one 30 nonrelative
at any one time;
31 (3)
The surviving spouse of the deceased, unless a petition to dissolve the
marriage was
32
pending
at the time of the decedent's death; 33 (4)
The deceased's next of kin;
34 (5) A
court order;
35
(6)
A public official who is charged with arranging the final disposition of an
indigent 36 deceased; or
37 (7) A
representative of an institution who is charged with arranging the final
disposition
38
of
a deceased who donated his or her body to science.
39 (b)
The written permission shall be on a standard form, prescribed by the
secretary, and
40 shall
contain the following information:
41 (1)
The identity of the deceased;
42
(2)
The name of the person authorizing the cremation and the relationship, if any,
to the 
d eCeased ;
44 (3)
Permission for the crematory to perform the cremation;
45 (4)
The name of the person who will claim the cremains from the crematory; and
46 (5)
Any other information required by the secretary.
47 (c) A
crematory shall obtain a permit or authorization for cremation from the county
48
medical
examiner, the assistant county medical examiner, or the county coroner of the
county 49
wherein
the death occurred and do such other acts as required by 561-12-9 of this code:
50
Provided,
That a crematory may obtain a permit or authorization for cremation from the
chief 51
medical
examiner if:
52 (1) The crematory is unable to
obtain a permit from the county medical examiner, the 53 assistant
county medical examiner, or the county coroner of the county wherein the death 54 occurred;
or
55 (2) The crematory has concerns
following authorization by county personnel regarding 56 the
identity or cause of death of the deceased.
57 (d)
The permit or authorization for cremation shah be on forms prescribed by the
chief 58
medical
examiner. A permit or authorization for cremation may be done by facsimile. 59 (e)
All crematories shall implement a cremation procedure. The secretary shall, by
rule,
60 establish
the minimum standards for the cremation procedure, which shall include:
61 (1) An
identification process for bodies;
62 (2) A
tracking process for bodies from the time a body is delivered to a crematory
63 through
the time the cremains are claimed by the authorized person;
64 (3)
Obtaining all the required signatures, as specified by the secretary, on the
written 65 permission
for cremation;
66 (4)
Only cremating one dead human body at a time and prohibiting comingling of
67 cremains;
68 (5)
The specified time period a crematory is required to keep unclaimed cremains;
69 (6)
How to dispose of unclaimed cremains;
70 (7) A
record-keeping process for cremations; and
71 (8)
Any other requirements necessary to effectuate the provisions of this article.
72 (f)
The secretary shall establish requirements for: 73 (1)
The equipment needed to complete the cremation process; and
74
(2)
The containers needed to store the cremains.
75
530-6-15.
eon-tintti-ng—edueati-on Right of disposition; preneed contract; affidavit
on
76
disposition of remains; role of county commission;
liability of funeral home.
1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
(a)
Notwithstanding 530-6-14 of this code, a person who is 18 years of age or older
and
15 of
sound mind, by entering into a preneed funeral contract, as defined in 547-14-2
of this code, 16 may direct the location, manner, and conditions
of the disposition of the person's remains and 17 the
arrangements for funeral goods and services to be provided upon the person's
death. The 18 disposition directions and funeral
prearrangements that are contained in a preneed funeral
19 contract are not subject to
cancellation to revision unless any resources set aside to fund the 20 preneed
funeral contract are insufficient under the terms of the preneed funeral
contract to carry 21 out the disposition directions
and funeral prearrangements contained in the contract.
22 (b) As
to any matter not addressed in a preneed funeral contract as described in 530-623 15(a)
of this code and except as provided in 530-6-15(c) of this code, the right to
control the
24 disposition
of the remains of a deceased person, the location, manner, and conditions of
25
disposition,
and arrangements for funeral goods and services to be provided vests in the 26 following,
in the order named, provided that the person is 18 years or older and is of
sound 27
mind:
28 (1) A
person designated by the decedent as the person with the right to control the 29 disposition
in an affidavit executed by a person who is 18 years of age or older and of
sound 30
mind
before a notary public in substantially the following form:
31 
do
hereby designate 
with the right to 32 control
the disposition of my remains upon my death. I have/ have not attached 33 specific
directions concerning the disposition of my remains with which the designee
shall 34
substantially
comply, provided that these directions are lawful and there are sufficient
resources
35 in my
estate to carry out the directions.
36
37
Signed
38
State
of
39
County
of
40
a Notary Public of said
County, do certify that 41 
as
principal whose name is signed to the writing
42
above
bearing date on the 
day of 
20 , has
this day acknowledged the
43
same
before me.
44
Given
under my hand this day of 20
45
My
commission expires:
46
47 Notary
Public";
48 (2)
The surviving spouse of the decedent;
49 (3)
The sole surviving child of the decedent or, if there is more than one child,
the 50
majority
of the surviving children. However, fewer than one half of the surviving
children shall be
51 vested with the rights under
this section if they have used reasonable efforts to notify all other 52 surviving
children of their instructions and are not aware of any opposition to those
instructions 53 on the part of more than one half of all
surviving children;
54 (4)
The surviving parent or parents of the decedent If one of the surviving parents
is 55
absent,
the remaining parent shall be vested with the rights and duties under this
section after 56 reasonable efforts have been unsuccessful in
locating the absent surviving parent;
57 (5)
The surviving brother or sister of the decedent or, if there is more than one
sibling of 58 the decedent, the majority of the surviving
siblings. However, less than the majority of surviving 59 siblings
shall be vested with the rights and duties under this section if they have used
60
reasonable
efforts to notify all other surviving siblings of their instructions and are
not aware of 61 any opposition to those instructions on the pan
of more than one half of all surviving siblings; 62 (6)
The surviving grandparent of the decedent or, if there is more than one
surviving 63 grandparent, the majority of the grandparents.
However, fewer than the majority of the surviving 64 grandparents
shall be vested with the rights and duties under this section if they have used
65
reasonable
efforts to notify all other surviving grandparents of their instructions and
are not
66 aware
of any opposition to those instructions on the part of more than one half of
all surviving 
grandparents; 68 (7)
The guardian of the decedent at the time of the decedent's death if one had
been
69 appointed;
70 (8) The
personal representative of the estate of the decedent;
71 (9)
The person in the classes of the next degree of kinship, in descending order,
under
72 the
laws of descent and distribution to inherit the estate of the decedent. If
there is more than
73
one
person of the same degree, any person of that degree may exercise the right of
disposition; 74 (10) If the disposition of the remains of the
decedent is the responsibility of the state or a 75 political
subdivision of the state, the public officer, administrator, or employee
responsible for 76 arranging the final
disposition of decedent's remains; or
77 (11)
In the absence of any person under S30-6-15(b)(1) through 
of
this 78
code,
any other person willing to assume the responsibilities to act and arrange the
final
79 disposition of the decedent's
remains, including the funeral director with custody of the body, 80 after
attesting in writing that a good faith effort has been made to no avail to
contact the 81 individuals under 
through 
of this code.
82 (c) A person entitled under
law to the right of disposition forfeits that rightl and the right 83 is
passed on to the next qualifying person as listed in 530-6-15(b) of this code,
in the following 84 circumstances:
85 (I)
Any person charged with murder or voluntary manslaughter in connection with the
86
decedent's
death and whose charges are known to the funeral director. However, if the
charges 87
against
that person are dismissed or if the person is acquitted of the charges, the
right of 88 disposition is returned to the person;
89 (2) Any person who does not
exercise his or her right of disposition within two days of 90 notification
of the death of decedent or within three days of decedent's death, whichever is
91
earlier;
92 (3) If the person and the decedent are
spouses and a petition to dissolve the marriage 93 was
pending at the time of decedent's death.
94 (d)
Any person signing a funeral service agreement, cremation authorization form,
or any 95
other
authorization for disposition shall be deemed to warrant the truthfulness of
any facts set 96 forth therein, including the identity of the
decedent whose remains are to be buried, cremated, 97 or
otherwise disposed of, and the party's authority to order the disposition. A
funeral home has
98
the
right to rely on that funeral service agreement or authorization and shall have
the authority
99
to
carry out the instructions of the person or persons the funeral home reasonably
believes 100 holds the right of disposition. The funeral
home has no responsibility to independently 101 investigate
the existence of any next of kin or relative of the decedent where a means of 102 disposition
is fully set forth in a preneed funeral contract or other written directive of
the 103
deceased
in accordance with this section. If there is more than one person in a class
who are 104
equal
in priority and the funeral home has no knowledge of any objection by other
members of 105 that class, the funeral home may rely on and
act according to the instructions of the first person 106 in the
class to make funeral and disposition arrangements, if no other person in that
class 107
provides
written objections to the funeral home.
108 (e) No funeral establishment
or funeral director who relies in good faith upon the 109 instructions
of a preneed funeral contract, written directive of the deceased, or an
individual 1 10 claiming the right of disposition in accordance
with this section shall be subject to criminal or 11 1 civil
liability or subject to disciplinary action under this section for carrying out
the disposition of 112 the remains in accordance with
those instructions.
1 530-6-16.
inspector-and-inspeetion-reqttirements-Review of applications by Secretary
of 2
State;
refusal to issue or renew; suspension or revocation of license; disciplinary
3 action.
4 
5 
6 
7 
8 
9 
10 
I l 
12 
13 
14 
15 
16 
17 
18 
20 (a)
The secretary shall refuse to issue or renew a license, certificate, or registration
if the 21 applicant fails to satisfy any of the requirements set forth for
licensure, certification, or 22 registration in this article,
23 (b)
The secretary may refuse to issue, refuse to renew, suspend, revoke, or limit
any 24 license, certificate, registration or practice privilege of a licensee,
certificate or registration
25
holder
for any of the following reasons:
26
(1)
Fraud or deceit in obtaining or maintaining a license or certificate;
27
(2)
Failure by any licensee, or certificate, or registration holder to maintain
compliance 28 with requirements for issuance or renewal of a license,
certificate, or registration or to timely
29
notify
the secretary as required in this article;
30
(3)
Dishonesty, fraud, professional negligence in the performance of services, or a
willful 31 departure from accepted standards and professional conduct;
32 (4) Violation of any provision of this article or
any rule, including the violation of any 33 professional standard or rule
of professional conduct, or public health laws;
34 (5) Conviction of a felony or any crime
of dishonesty or fraud under the laws of the 35 United States or this state, or
conviction of any similar crime under the laws of any other state if 36 the
underlying act or omission involved would have constituted a crime under the
laws of this 37 state;
38 (6) Any conduct adversely affecting
upon the licensee's or certificate or registration 39 holder's fitness to
perform professional services;
40 (7)
The use of false, misleading, or unethical advertising by any licensee, or
certificate or 41 registration holder, or applicant for a license or
certificate of registration;
42 (8) Upon satisfactory proof that a
funeral services licensee, or a certified crematory 43 operator has taken undue
advantage of his or her patrons or has committed a fraudulent act in 44 the
conduct of business;
45 (9) Solicitation of business by the
licensee, or certificate or registration holder, or any 46 agents, assistants,
or employees, whether such solicitation occurs after death or while death is 47
impending, as specified by the secretary: Provided, That this subdivision does
not prohibit 48 proper advertising;
49
(10) If a licensee, or certificate or registration holder, knowingly permits a
person not 50 licensed, not certified, or not registered to engage in the
profession of embalming, funeral 51 directing, or cremation;
52
(11) If a licensee, or certificate or registration holder, knowingly permits a
person not 53 licensed, not certified, or not registered to use his or her
license number or numbers for the 54 purpose of practicing, or discharging any
of the duties of the professions of embalming, funeral 55 directing, or
cremation;
56
(12) Employment by the licensee or certificate holder of persons as cappers,
steerers, or 57 solicitors, or other such persons to obtain funeral or
cremation business;
58 (13) Employment, directly or
indirectly, of any apprentice, agent, assistant, embalmer, 59 employee or other
person, on part or full time, or on commission, for the purpose of calling upon
60 individuals or institutions by whose influence dead human bodies may be
turned over to a 61 particular funeral director, funeral establishment, or
crematory;
62 (14) The buying of business by the
licensee, or certificate or registration holder, or any 63 agents, assistants,
or employees, or the direct or indirect payment or offer of payment of a 64
commission by the licensee, or certificate or registration holder, or any
agent, assistants, or
65
employees,
for the purpose of securing business;
66
(15)
Gross immorality; and
67
(16)
Chronic or persistent inebriety or addiction to alcohol, narcotics, or other
substance. 68 530-6-17. Apprenticeship-Written complaint procedure; notice:
requirement
69 to
investigate.
1 
2 
3 
4 
5 
6 
7 
8 
9 
period-rand
1 1 
12 
13 
14 
15 
16 
17 
18 
19 (a) The Secretary of State
shall establish a means for members of the public to submit 20 complaints
concerning persons or establishments licensed or certified by the Secretary of
State 21 pursuant to the provisions of this article. Those means shall include,
but not be limited to, 22 electronic, written, and telephonic means.
23 (b) Upon receipt of a written complaint
filed against any licensee, or certificate or 24 registration holder, the
secretary shall provide a copy of the complaint to the licensee, or 25
certificate or registration holder, who shall be given a reasonable opportunity
to submit a written 26 response to the allegations. Prior to a determination
that probable cause exists, the secretary 27 may withhold the name of the
complaining party.
28
(c)
The secretary shall investigate the complaint and may initiate the
investigation
29
without
waiting until receiving a response from the party identified in the complaint.
If the
30
secretary
finds upon investigation that probable cause exists that the licensee, or
certificate or 31 registration holder, has violated any provision of this
article or the rules promulgated hereunder, 32 then the secretary shall serve
the licensee or registration holder, with a written statement of
33 charges
and a notice specifying the date, time, and place of the hearing.
1 530-6-18.
Funeraå-estab+ishment-heense-tequiremen-ts Hearing procedure.
2 
3 
4 
5 
6 
7 
8 
35 
36 
37 
38 
39 
40 
41 
42 
43 
44 
45 
46 
47 
48 
49 
50
this-seetio•n•:
51
(a)
The Secretary of State shall afford any applicant an opportunity to be heard in
person 52 or by counsel when a determination is made to deny, revoke, or
suspend an applicant's license, 53 certificate or application for license or
certificate, including a renewal of a license or certificate. 54 The applicant
has 15 days from the date of receiving written notice of the Secretary of
State's 55 adverse determination to request a hearing on the matter of denial,
suspension, or revocation. 56 The action of the Secretary of State in granting,
renewing, or in refusing to grant or to renew a 57 license or certificate is subject
to review by the Circuit Court of Kanawha County or other court 58 of competent
jurisdiction.
59 (b) If the secretary proposes to
suspend, revoke, limit, take other disciplinary action, or 60 refuse to renew
any license, certificate, or registration, the secretary shall give written
notice of 61 the action, including a statement of charges setting forth the
reasons for the action, and notice 62 of the date, time, and place for a
hearing.
63 (c) The secretary may, without first
holding a hearing, act under the following 64 circumstances:
65 (1) The secretary is authorized to
suspend or revoke a certificate, license, registration, or 66 authority to
practice prior to a hearing if the person's continuation in practice
constitutes an 67 immediate danger to the public; or
68 (2) After due diligence, if the
secretary cannot locate a person licensed or certified under 69 the provisions
of this chapter within 60 days of a complaint being filed against the licensee
or 70 certificate holder, then the secretary may suspend the license,
certificate, registration or
71
authority
of the person without holding a hearing. If, after additional due diligence and
30 days
72
after
the suspension of the person's license, certificate, registration, or
authority, the secretary 73 still cannot locate the person licensed under the
provisions of this article, then the secretary 74 may revoke the license,
certificate, registration, or authority of the person without holding a 75
hearing.
76
(d)
The secretary shall have authority to issue subpoenas for the attendance of
77
witnesses
and the production of records and tangible evidence, administer oaths, and
preside at 78 hearings, and to employ, or contract for, an administrative
hearing examiner to carry out these 79 functions on the secretary's behalf.
80 (e) A hearing on a statement of charges
shall be held in accordance with the provisions 81 for hearing set forth in
S29A-5-1 et seq. of this code and procedures specified by rule by the 82
secretary.
83 (f)
No sanction may be imposed against a licensee or certificate holder and no
license or 84 certificate may be revoked, suspended, or subject to sanction
unless the secretary finds by a 85 preponderance of evidence, after hearing or
by consent of the licensee or certificate holder, that
86 the licensee or certificate holder has engaged in
conduct prohibited by the provisions of this 
article.
88 (g) Following a hearing, the
Secretary of State shall issue his or her decision, which shall 89 be in
writing and shall set forth the reasons for the decision.
90
(h)
Disciplinary action includes, but is not limited to, a reprimand, censure,
probation,
91
suspension
of license, administrative fine not to exceed $1 ,000 per day per violation,
and 92 mandatory attendance at continuing education seminars. 'n addition to
other sanctions 93 imposed, the secretary may require a licensee, or
certificate or registration holder to pay the 94 costs of the proceeding if the
licensee, or certificate or registration holder is in violation of any 95
provision of this article or the rules promulgated hereunder.
96 (i) Any licensee, or certificate or
registration holder, adversely affected by any decision 97 of the secretary
entered after a hearing, may obtain judicial review of the decision in
accordance 98 with S29A-5-4 of this code and may appeal any ruling resulting
from judicial review in 99 accordance with S29A-5-4 of this code.
100 (j) Pursuant to the provisions of
S29A-5-1 of this code, the secretary may enter into 101 informal disposition of
any contested case or investigation by stipulation, agreed settlement, 102
consent order, or default. Further, the secretary may suspend a final
determination and place a 103 licensee on probation if the secretary has found
the licensee to be in violation of standards of 104 practice or provisions of
this article.
105 (k) If the secretary has suspended,
revoked, or refused to renew a license, certificate, or 106 registration, the
licensee, or certificate or registration holder, shall be afforded an
opportunity to 107 demonstrate the qualifications to resume practice. The
application for reinstatement shall be in
108 writing
and subject to the procedures specified by the secretary by rule.
1
530-6-19.
2
displayed
Unlawful acts.
3 
4 
8 estabhshment:
(a)
It
is unlawful for any person not licensed or certified under the provisions of
this 
article to practice or offer to
practice embalming, funeral directing, cremation, or to operate a 
funeral establishment or crematory
in this state.
(b)
Any
person who knowingly violates any provision of this article is guilty of a
18
misdemeanor
and, upon conviction thereof, shall be fined not more than $2,500 or confined
in
19
the
county or regional jail not more than one year, or both fined and imprisoned.
530-6-20.
erematoty-lieense-reqtiirements Injunction; criminal proceedings.
27 
38 
39 
40 
41 
42
eh-arge:
43
44 
45 
46 
47 
48
erematoty-oper-ato-r-in-eh-arge:
49
(a)
When, as a result of an investigation under this article or othewise, the
secretary or 50 any other interested person believes that any person: (1) Has
engaged, is engaging, or is about 51 to engage in the practice of embalming,
funeral directing, or cremating without a license or 52 certificate; (2) has
operated, is operating, or is about to operate a funeral establishment or 53
crematory; or (3) is in violation of any of the provisions of this article, the
secretary or any other 54 interested person may make application to any court
of competent jurisdiction for an order 55 enjoining the acts or practices and,
upon a showing that the person hes engaged or is about to 56 engage in any act
or practice, an injunction, restraining order, or another appropriate order may
57 be granted by the court without bond,
58 (b) When, as a result of an
investigation under this article or otherwise, the secretary has 59 reason to
believe that a person has knowingly violated the provisions of this article,
the 60 secretary may bring its information to the attention of the Attorney
General, United States 61 Attorney, local prosecuting attorney, or other
appropriate law-enforcement officer. Appropriate 62 criminal proceedings may
thereafter be instituted by the Attorney General, in coordination with
63 the
local prosecuting attorney, the United States Attorney, or the law-enforcement
officer.
44
530-6-21.
Requirements40r-eremating Single act evidence of practice.
4 
6 
9 deeeased=,
10 
11 
14 
15 
17 
20 
22 the-td€fittty-of-eattse-of-death-of-the-deeeased-.
23 
24 
25 
26 
45
31 
In any action brought
or any proceeding initiated under this article, evidence of the 
commission
of a single act prohibited by this article is sufficient to justify a penalty,
injunction, 
restraining order, or conviction
without evidence of a general course of conduct.
530-6-22.
Inapplicability of
article.
9 
10 
1 1 
12 
13 
14 
15 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26
The
provisions of this article do not apply to or interfere with:
27
(1)
The duties of an officer of any local or state board of health who, in
compliance with 28 local or state board of health rules, may be charged with
the duty of preparation for burial of a 29 dead human body when death was
caused by a virulent, communicable disease;
30 (2) The duties of an
officer of a medical college, county medical society, anatomical 31
association, or other recognized person carrying out his or her
responsibilities of dealing with 32 indigent dead human bodies who are held
subject for anatomical study; or 33 (3) The customs or rites of any religious
sect in the burial of its dead: Provided, That
34
embalming
shall only be performed by a funeral services license holder.
47
35
530-6-22a.
Right of disposition; preneed contract; affidavit on 36 disposition of remains;
role of county commission; liability of funeral home.
[Repealed.]
2
530-6-23.
Refusal to issue or renew, suspension or revocation of
3
license;
disciplinary action.
1
[Repealed.
]
2
530-6-24.
Complaints; investigations. 1 [Repealed
2 530-6-25.
Hearing and judicial review.
1
[Repealed.]
2
530-6-26.
Reinstatement.
1
[Repealed.]
2
530-6-27.
Unlawful acts.
1 
2 530-6-28.
Injunctions.
.1 
2 530-6-29.
Criminal proceedings; penalties.
1
[Repealed.]
2
530-6-30.
Single act evidence of practice.
.1 
2 530-6-31.
Inapplicability of article.
[Repealed.]
2
48