HB 2586 Text

H. B. 2586

          (By Delegates Morgan, Stephens, Eldridge and Paxton)
          [Introduced February 21, 2013; referred to the
          Committee on Government Organization.]

A BILL to amend and reenact §30-6-8 of the Code of West Virginia, 1931, as amended, relating to qualifications for a license to practice embalming.
Be it enacted by the Legislature of West Virginia:
     That §30-6-8 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
§30-6-8. Embalmer license requirements.
     (a) The board shall issue a license to practice embalming to an applicant who: ~~meets the following requirements:~~
     (1) Is of good moral character;
     (2) Is eighteen years of age or over;
     (3) Is a citizen of the United States or is eligible for employment in the United States;
     (4) Holds a high school diploma or its equivalent;
     (5) Has completed one of the following education requirements:
     (A) (i) Holds an associate degree from an accredited college or university, or has successfully completed not less than sixty semester hours or ninety quarter hours of academic work in an accredited college or university toward a baccalaureate degree with a declared major field of study, as evidenced by a transcript submitted to the board for evaluation; prior to beginning a one- year course of apprenticeship and prior to obtaining a diploma of graduation from a school of mortuary science, has completed a one- year course of apprenticeship under the supervision of a licensed embalmer and funeral director actively and lawfully engaged in the practice of embalming and funeral directing in this state, such apprenticeship to consist of diligent attention to the work in the course of regular and steady employment and not as a side issue to another employment, and under which the apprentice shall have taken an active part in the operation of embalming not less than thirty- five dead human bodies and an active part in conducting not less than thirty-five funeral services; and
     (ii) Possesses a diploma of graduation from a school of mortuary science accredited by the American Board of Funeral Service Education, Inc., which requires as a prerequisite to graduation the completion of a course of study not less than twelve months' duration; ~~and which said school of mortuary science must be one accredited by the American Board of Funeral Service Education, Inc., and duly approved by the board;~~ or
     (B) Holds a bachelor degree in mortuary science from an accredited college or university as evidenced by a transcript submitted for evaluation prior to beginning a one-year course of apprenticeship;
     (6) Has completed a one-year ~~course of~~ apprenticeship under the supervision of a licensed embalmer and funeral director actively and lawfully engaged in the practice of embalming and funeral directing in this state, ~~such apprenticeship~~ to consist of diligent attention to the work in the course of regular and steady employment and not as a side issue to another employment, ~~and~~ under which the apprentice shall have taken an active part in the operation of embalming not less than thirty-five dead human bodies and an active part in conducting not less than thirty-five funeral services;
     ~~(6)~~ (7) Passes with an average score of not less than seventy- five percent the national conference of funeral services examination at a testing site provided by the national conference, passes with a score of not less than seventy-five percent the state law examination administered by the board and passes such further examination as the board may deem necessary to ascertain qualification and ability to engage in the practice of embalming. Successfully passing the national conference of funeral services examination is a condition precedent to taking the state law examination administered by the board. The board shall offer the state law examination at least twice each year; and
     ~~(7)~~ (8) Has paid all the appropriate fees.
     (b) A license to practice embalming issued by the board prior to July 1, 2002, shall for all purposes be considered a license issued under this section: Provided, That a person holding a license issued prior to July 1, 2002, must renew the license pursuant to the provisions of this article.

     NOTE: The purpose of this bill is to remove the requirement that an applicant for a license to practice embalming complete college courses before beginning a one-year apprenticeship and before graduating from mortuary school. The requirements remain the same but do not have to be achieved in a particular order.
     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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