H. B. 4562
(By Delegates Beane, Ennis,
Varner, Pethtel and Walters)
[Introduced February 15, 2006; referred to the
Committee on Government Organization.]
A BILL to amend and reenact §30-6-12 of the Code of West Virginia,
1931, as amended, relating to prescribing certain requirements
for a license to practice embalming and funeral directing.
Be it enacted by the Legislature of West Virginia:
That §30-6-12 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 6. BOARD OF FUNERAL SERVICE EXAMINERS.
§30-6-12. 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 another 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 last twelve years.
(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 applicant was self-employed at any time during the
last twelve years, 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) (3) 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) 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) 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) He or she has paid the application fee specified by rule;
and
(7) Has completed such other action as required by the board.
NOTE: The purpose of this bill is to
prescribe certain
requirements for a license to practice embalming and funeral
directing.
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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