H. B. 4544

         (By Delegates Poore, Moore, McCuskey,

         Marshall, Lawrence, Barrett, Young, Manypenny,

         Longstreth and Ambler)

         [Introduced February 14, 2014; referred to the

         Committee on Government Organization then the Judiciary.]

A BILL to amend and reenact §30-6-23 of the Code of West Virginia, 1931, as amended, relating to the Board of Funeral Service Examiners; requiring the board to post notice on its website of any disciplinary action resulting in sanctions against a licensee within seven days of the disciplinary action; and requiring publication in the obituary section of the nearest daily circulation newspaper until the notice is posted on the board's website.

Be it enacted by the Legislature of West Virginia:

    That §30-6-23 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:

ARTICLE 6. BOARD OF FUNERAL SERVICE EXAMINERS.

§30-6-23. Refusal to issue or renew, suspension or revocation of license; disciplinary action.

    (a) The board may refuse to renew, suspend, revoke or limit any license, certificate or registration or practice privilege of a licensee, or certificate or registration holder and may take disciplinary action against a licensee, or certificate or registration holder after a hearing. The board may refuse to issue, refuse to renew, suspend, revoke or limit any license, certificate or registration or practice privilege of a licensee, or certificate or registration holder for any of the following reasons:

    (1) Fraud or deceit in obtaining or maintaining a license;

    (2) Failure by any licensee, or certificate or registration holder to maintain compliance with requirements for issuance or renewal of a license, certificate or registration or to timely notify the board as required in this article;

    (3) Dishonesty, fraud, professional negligence in the performance of services, or a willful departure from accepted standards and professional conduct;

    (4) Violation of any provision of this article or any rule, including the violation of any professional standard or rule of professional conduct, or public health laws;

    (5) Conviction of a felony or any crime of which dishonesty or fraud under the laws of the United States or this state, or conviction of any similar crime under the laws of any other state if the underlying act or omission involved would have constituted a crime under the laws of this state;

    (6) Any conduct adversely affecting upon the licensee’s, or certificate or registration holder’s fitness to perform professional services;

    (7) The use of false, misleading or unethical advertising by any licensee, or certificate or registration holder, or applicant for a license or certificate of registration;

    (8) Upon satisfactory proof that a licensed embalmer, a licensed funeral director, or a certified crematory operator has taken undue advantage of his or her patrons or has committed a fraudulent act in the conduct of business;

    (9) Solicitation of business by the licensee, or certificate or registration holder, or any agents, assistants or employees, whether such solicitation occurs after death or while death is impending, as specified by the board: Provided, That this subdivision does not prohibit proper advertising;

    (10) If a licensee, or certificate or registration holder, knowingly permits a person not licensed, not certified, or not registered to engage in the profession of embalming, funeral directing or cremation;

    (11) If a licensee, or certificate or registration holder, knowingly permits a person not licensed, not certified, or not registered to use his or her license number or numbers for the purpose of practicing, or discharging any of the duties of, the professions of embalming, funeral directing or cremation;

    (12) Employment by the licensee of persons as "cappers", "steerers" or "solicitors", or other such persons to obtain funeral or cremation business;

    (13) Employment, directly or indirectly, of any apprentice, agent, assistant, embalmer, employee or other person, on part or full time, or on commission, for the purpose of calling upon individuals or institutions by whose influence dead human bodies may be turned over to a particular funeral director, funeral establishment or crematory;

    (14) The buying of business by the licensee, or certificate or registration holder, or any agents, assistants or employees, or the direct or indirect payment or offer of payment of a commission by the licensee, or certificate or registration holder, or any agent, assistants or employees, for the purpose of securing business;

    (15) Gross immorality; and

    (16) Chronic or persistent inebriety or addiction to alcohol, narcotics or other substance.

    (b) If the board suspends, revokes, refuses to renew or limits any license, certificate or registration or practice privilege, the board shall give written notice of the action, including a statement of charges setting forth the reasons for the action, and notice of the date, time and place for a hearing. The hearing shall be held in accordance with the provisions of this article.

    (c) Disciplinary action includes, but is not limited to, a reprimand, censure, probation, suspension of license, administrative fine not to exceed $1,000 per day per violation and mandatory attendance at continuing education seminars. Upon any disciplinary action resulting in sanctions for a violation of the provisions of this article, the board shall post notice of its action against the licensee on the board's website within seven days of the action and shall retain notice of the action on the website for not less than ninety days. The notice shall include the nature of the disciplinary action, the licensee's name and the funeral establishment where the licensee practices. Until notice is posted on the board's website, the board shall run an advertisement providing notice of the disciplinary action in the obituary section of the daily circulation newspaper located nearest to the address of the funeral establishment where the licensee practices.

    NOTE: The purpose of this bill is to require the Board of Funeral Service Examiners to post notice on its website of any disciplinary action resulting in sanctions against a licensee within seven days of the disciplinary action. The bill also requires the board to publish notice of the disciplinary action in the obituary section of the nearest daily circulation newspaper until the disciplinary notice is posted on the board's website.

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