ENGROSSED
COMMITTEE SUBSTITUTE
FOR
H. B. 4562
(By Delegates Beane, Ennis, Varner, Pethtel and Walters)
[Originating in the Committee on Government Organization.]
[February 23, 2006]
A BILL to amend and reenact §30-6-3, §30-6-12 and §30-6-31, of the
Code of West Virginia, 1931, as amended; and to further amend
said article by adding thereto a new section, designated
§30-6-17a, relating to requirements of the Board of Funeral
Service Examiners; providing definitions; providing for
licensure based on work experience; providing that student
interns may practice under direct supervision; and providing
licensure exemption for clinical operations of an approved
school of mortuary science.
Be it enacted by the Legislature of West Virginia:
That §30-6-3, §30-6-12 and §30-6-31 of the Code of West
Virginia, 1931, be amended and reenacted, and that said article be
further amended by adding thereto a new section, designated
§30-6-17a, all to read as follows:
ARTICLE 6. BOARD OF FUNERAL SERVICE EXAMINERS.
§30-6-3. Definitions.
As used in this article, the following words and terms have
the following meanings, unless the context clearly indicates
otherwise:
(a) "Apprentice" means a person who is preparing to become a
licensed funeral director and embalmer and is learning the practice
of embalming, funeral directing or cremation under the direct
supervision and personal instruction of a duly licensed embalmer or
funeral director.
(b) "Authorized representative" means a person legally
authorized or entitled to order the cremation of the deceased, as
established by rule. An authorized representative may include the
following:
(1) The deceased;
(2) The deceased's next of kin;
(3) A court order;
(4) A public official who is charged with arranging the final
disposition of an indigent deceased; or
(5) A representative of an institution who is charged with
arranging the final disposition of a deceased who donated his or
her body to science.
(c) "Board" means the West Virginia board of funeral service
examiners.
(d) "Certificate" means a certification by the board to be a
crematory operator.
(e) "Clinical experience" means the practice of a student intern enrolled in an approved school of mortuary science in
funeral service under the direct supervision of a licensee, subject
to the limitations provided in this article.
(f) "Courtesy card holder" means a person who only practices
funeral directing periodically in West Virginia and is a licensed
embalmer and funeral director in a state which borders West
Virginia.
(g) "Cremated remains" or "cremains" means all human remains,
including foreign matter cremated with the human, recovered after
the completion of cremation.
(h) "Cremation" means the mechanical or thermal process
whereby a dead human body is reduced to ashes and bone fragments
and then further reduced by additional pulverization, burning or
re-cremating when necessary.
(i) "Crematory" means a licensed place of business where a
deceased human body is reduced to ashes and bone fragments and
includes a crematory that stands alone or is part of or associated
with a funeral establishment.
(j) "Crematory operator" means a person certified by the board
to operate a crematory.
(k) "Crematory operator in charge" means a certified crematory
operator who accepts responsibility for the operation of a
crematory.
(l) "Deceased" means a dead human being for which a death
certificate is required.
(m) "Embalmer" means a person licensed to practice embalming.
(n) "Embalming" means the practice of introducing chemical
substances, fluids or gases used for the purpose of preservation or
disinfection into the vascular system or hollow organs of a dead
human body by arterial or hypodermic injection for the restoration
of the physical appearance of a deceased.
(o) "Funeral" means a service, ceremony or rites performed for
the deceased with a body present.
(p) "Funeral directing" means the business of engaging in the
following:
(1) The shelter, custody or care of a deceased;
(2) The preparation of a deceased for burial or other
disposition;
(3) The arranging or supervising of a funeral or memorial
service for a deceased; and
(4) The maintenance of a funeral establishment for the
preparation, care or disposition of a deceased.
(q) "Funeral director" means a person licensed to practice
funeral directing.
(r) "Funeral establishment" means a licensed place of business
devoted to: the care, preparation and arrangements for the
transporting, embalming, funeral, burial or other disposition of a
deceased. A funeral establishment can include a licensed
crematory.
(s) "Funeral service licensee" means a person licensed after
the first day of July, two thousand three, to practice embalming
and funeral directing.
(t) "License" means a license, which is not transferable or
assignable, to:
(1) Practice embalming and funeral directing;
(2) Operate a crematory or a funeral establishment.
(u) "Licensee" means a person holding a license issued under
the provisions of this article.
(v) "Licensee in charge" means a licensed embalmer and funeral
director who accepts responsibility for the operation of a funeral
establishment.
(w) "Memorial service" means a service, ceremony or rites
performed for the deceased without a body present.
(x) "Mortuary" means a licensed place of business devoted
solely to the shelter, care and embalming of the deceased.
(y) "Person" means an individual, partnership, association,
corporation, not-for-profit organization or any other organization.
(z) "Preceptor" means a licensee who directly supervises
either apprentices or student interns during training.
(y) (aa) "Registration" means a registration issued by the
board to be an apprentice to learn the practice of embalming,
funeral directing or cremation.
(z) (bb) "State" means the state of West Virginia.
(cc) "Student intern" means an individual who is:
(1) Currently registered by the board to engage in the
practice of funeral service under the direct supervision of a
licensee; and
(2) Enrolled in an approved school of mortuary science which requires participation in a clinical experience as part of the
curriculum.
§30-6-12. Licenses or equivalent from another state; license or
certificate to practice in this state.
(a) The board may issue a license to practice embalming and
funeral directing or a certificate to be a crematory operator to an
applicant of good moral character who holds a valid license or its
equivalent to practice from another state
if the applicant
demonstrates that and who meets the requirements of this section.
(b) The applicant must demonstrate that:
(1) He or she holds a license or its equivalent to practice in
another state
or the District of Columbia which was granted after
completion of educational requirements substantially equivalent to
those required in this state;
or
(2) He or she holds a diploma of graduation from a school of
mortuary science accredited by the American Board of Funeral
Service Education, and has engaged in the practice of embalming and
funeral directing for ten of the twelve years immediately preceding
the date of the application. The applicant must demonstrate to the
board that he or she materially participated in the practice of
embalming and funeral directing in the course of regular and steady
employment and not as a side issue to other employment.
(i) As evidence of practice, the applicant must submit a sworn
affidavit or affidavits, in the form and manner prescribed by the
board, from each business owner who employed the applicant during
the applicable time period.
(ii) If an employer is unable or unwilling to submit an
affidavit, the board may in its discretion accept an affidavit from
a former coworker or other person with personal knowledge of the
facts of the applicant's employment history.
(iii) If the applicant is unable to obtain the affidavits, the
board may in its discretion accept W-2 forms, pay check stubs, time
cards, or any other formal document as evidence of the applicant's
employment history.
(iv) If the applicant was self-employed at any time during the
applicable time period, the board may in its discretion accept tax
related documents indicating wages, salaries, tips or business
income earned, and a sworn affidavit of the applicant, in the form
and manner prescribed by the board, attesting to facts of the
applicant's employment history.
(c) The applicant must demonstrate that:
(1) He or she has completed an apprenticeship substantially
equivalent to that required in this state;
(2) He or she holds a license or its equivalent to practice in
another state
or the District of Columbia which was granted after
passing, in that or another state, an examination that is
substantially equivalent to the examination required in this state;
(3) Reciprocal rights are provided by such other state to
holders of funeral director's or embalmer's licenses granted in
this state. Such reciprocal licenses may be renewed biennially
upon payment of the renewal license fee;
(4) (3) He or she is not currently being investigated by a disciplinary authority of another state
or the District of
Columbia, does not have charges pending against his or her license
or
something its equivalent to practice and has never had a license
or
something its equivalent to practice revoked;
(5) (4) He or she has
not previously failed an examination
passed all required examinations for licensure as an embalmer or
funeral director in this state;
(6) (5) He or she has paid the application fee specified by
rule; and
(7) (6) Has completed such other action as required by the
board.
§30-6-17a. Student Interns
(a) Upon the effective date of this section, the board may
register a student intern who:
(1) Is of good moral character;
(2) Is eighteen years of age, or over;
(3) Has a high school diploma or its equivalent;
(4) Is enrolled in an approved school of mortuary science;
(5) Is enrolled in an approved school of mortuary science
which requires participation in a clinical experience as part of
the curriculum; and
(6) Has paid the required fees.
(b) A student intern may not practice embalming, except under
the direct supervision of a licensed embalmer.
(c) A preceptor may not supervise more than five student
interns or apprentices at the same time.
§30-6-31. Inapplicability of article.
The provisions of this article do not apply to or interfere
with:
(1) The duties of an officer of any local or state board of
health who, in compliance with local or state board of health
rules, may be charged with the duty of preparation for burial of a
human body when death was caused by a virulent, communicable
disease;
(2) The duties of an officer of a medical college, county
medical society, anatomical association or other recognized person
carrying out his or her responsibilities of dealing with indigent
dead human bodies who are held subject for anatomical study;
or
(3) The customs or rites of any religious sect in the burial
of its dead:
Provided, That embalming shall only be performed by a
licensed embalmer,
or
(4) The operations of an approved school of mortuary science,
so long as all embalming is conducted or directly supervised by a
licensed embalmer.
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