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WV Code § 30-6-5 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 6. Board of Funeral Service Examiners|§30-6-5. Powers of the Board

The board has all the powers set forth in article one of this chapter and in addition may:(1) Sue and be sued in its official name as an agency of this state;(2) Hire, fix the compensation of and discharge an executive director;(3) Hire, fix the compensation of and discharge the employees necessary to enforce the provisions of this article;(4) Set the requirements to be an inspector;(5) Examine and determine the qualifications of any applicant for a license;(6) Determine the qualifications of any applicant for a certificate;(7) Set cremation procedures and requirements;(8) Set the fees charged under the provisions of this article;(9) Set the fines assessed under the provisions of this article;(10) Issue, renew, deny, suspend, revoke or reinstate licenses and certificates and discipline licensees and certificate holders;(11) Set the continuing education requirements for licensees and certificate holders;(12) Investigate alleged violations of the provisions of this article and the rules promulgated hereunder, and orders and final decisions of the board;(13) Conduct hearings upon charges calling for discipline of a licensee or revocation or suspension of a license;(14) Propose rules in accordance with the provisions of article three, chapter twenty-nine-a of this code to implement the provisions of this article; and(15) Take all other actions necessary and proper to effectuate the purposes of this article.
WV Code § 30-6-6 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 6. Board of Funeral Service Examiners|§30-6-6. Rule-Making Authority

(a) The board shall propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code to implement the provisions of this article including, but not limited to, the following:(1) The general practice of embalming, funeral directing and cremating, and operating a funeral establishment and crematory: Provided, That the board cannot require that an applicant for a license to operate a funeral establishment or crematory have either an embalmer's or funeral director's license, or a certificate to operate a crematory.(2) The examinations administered under this article;(3) The issuing and renewing of licenses, certificates and courtesy cards, including establishing a staggered biennial renewal schedule;(4) The requirements for inactive licensees;(5) The registration and regulation of apprentices;(6) Establish a cremation procedure and crematory requirements;(7) Establish inspection requirements for funeral establishments and crematories, including an inspection of a new facility and annual inspections of existing facilities;(8) Establish inspector and investigator requirements;(9) Setting the fees charged under the provisions of this article;(10) Setting the fines assessed under the provisions of this article;(11) Implementing requirements for continuing education for licensees;(12) Denying, suspending, revoking, reinstating or limiting the practice of a licensee or certificate of qualification;(13) The investigation and resolution of complaints against persons licensed, certified or registered under this article;(14) Establish advertising standards; and(15) Propose any other rules necessary to effectuate the provisions of this article.(b) All rules in effect on the effective date of this article shall remain in effect until they are withdrawn, revoked or amended.
WV Code § 30-6-7 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 6. Board of Funeral Service Examiners|§30-6-7. Fees; Special Revenue Account; Administrative Fines

(a) All fees and other moneys, except administrative fines, received by the board shall be deposited in a separate special revenue fund in the state Treasury and be used for the administration of this article. Except as may be provided in section eleven, article one of this chapter, the board shall retain the amounts in the special revenue account from year to year. No compensation or expense incurred under this article is a charge against the General Revenue Fund.(b) Any amounts received as administrative fines imposed pursuant to this article shall be deposited into the General Revenue Fund of the state Treasury.
WV Code § 30-6-8 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 6. Board of Funeral Service Examiners|§30-6-8. Embalmer License Requirements

(a) The board shall issue a license to practice embalming to an applicant who:(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) Has a high school diploma or its equivalent;(5) Has completed one of the following education requirements, as evidenced by a transcript submitted to the board for evaluation:(A) (i) Has an associate degree from an accredited college or university; or(ii) Has successfully completed at least 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; and (iii) Has graduated 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 of not less than twelve months; or(B) Has a bachelor degree in mortuary science from an accredited college or university;(6) Has completed a one-year 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, which apprenticeship consisted of:(A) Diligent attention to the work in the course of regular and steady employment and not as a side issue to another employment; and(B) The apprentice taking an active part in:(i) The operation of embalming not less than thirty-five dead human bodies; and(ii) Conducting not less than thirty-five funeral services;(7) Passes, with an average score of not less than seventy-five percent, the following examinations:(A) The National Conference of Funeral Services examination at a testing site provided by the national conference, which passage is a condition precedent to taking the state law examination;(B) The state law examination administered by the board, which examination must be offered at least twice each year; and(C) Any other examination required by the board; and(8) Has paid all the appropriate fees.(b) A license to practice embalming issued by the board prior to July 1, 2012, shall for all purposes be considered a license issued under this section: Provided, That a person holding a license issued prior to July 1, 2012, must renew the license pursuant to the provisions of this article.
WV Code § 30-6-9 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 6. Board of Funeral Service Examiners|§30-6-9. Funeral Director License Requirements

(a) The board shall issue a license to practice funeral directing to an applicant who meets the following requirements:(1) Holds an embalmer's license issued by the board; and(2) Has paid all the appropriate fees.(b) A license to practice funeral directing 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.
WV Code § 30-6-10 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 6. Board of Funeral Service Examiners|§30-6-10. Funeral Service License Requirements

(a) Commencing July 1, 2003, the board shall issue a license to practice embalming and funeral directing, which license shall be known as a funeral service license, 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 education requirements for an embalmer's license, set out in subdivision (5), subsection (a), section eight of this article; and(6) Has paid all the appropriate fees.(b) A license to practice embalming and funeral directing issued by the board prior to July 1, 2003, shall for all purposes be considered a license issued under this section.(c) A person holding a license to practice embalming and funeral directing issued prior to July 1, 2003, must after July 1, 2003, renew his or her license pursuant to the provisions of this section.(d) After July 1, 2003, wherever the terms "license to practice embalming and funeral directing" or "embalming and funeral directing license" are used in the code, the term "funeral service license" shall apply.
WV Code § 30-6-11 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 6. Board of Funeral Service Examiners|§30-6-11. Crematory Operator Certificate Requirements

(a) All crematory operators shall be certified by the board. The board shall issue a certificate to be a crematory operator to an applicant who meets the following requirements:(1) Has completed a class, authorized by the board, on cremation and operating a crematory;(2) Has paid all the appropriate fees; and(3) Has completed such other requirements as prescribed by the board.(b) All persons currently operating crematories shall by January 1, 2003, register with the board. By July 1, 2003, all persons currently operating crematories shall obtain a certificate to operate a crematory, pursuant to the provisions of this section.(c) All certificates must be renewed biennially upon or before July 1.(d) After July 1, 2003, all licensed crematories must have a certified crematory operator in charge.
WV Code § 30-6-12 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 6. Board of Funeral Service Examiners|§30-6-12. Licenses or Equivalent From Another State; License or Certificate to Practice in This State

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:(1) He or she holds a license or its equivalent to practice in another state which was granted after completion of educational requirements substantially equivalent to those required in this state;(2) He or she holds a license or its equivalent to practice in another state 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, does not have charges pending against his or her license or something equivalent to practice and has never had a license or something equivalent to practice revoked;(5) He or she has not previously failed an examination 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.
WV Code § 30-6-13 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 6. Board of Funeral Service Examiners|§30-6-13. Courtesy Cards

(a) The board may issue biennial courtesy cards, on July 1, to licensed funeral directors and licensed embalmers in the states bordering on West Virginia, after the:(1) Application for a courtesy card is made on a form prescribed by the board;(2) Payment of a fee; and(3) Adherence to such other requirements as specified by the board.(b) A courtesy card may be issued under the following conditions:(1) Holders of courtesy cards shall not be permitted to open or operate a place of business for the purpose of conducting funerals, embalming bodies or cremating in the State of West Virginia; and(2) Holders of courtesy cards shall not be permitted to maintain an office or agency in this state for the purpose of conducting funerals, embalming bodies or cremating in the State of West Virginia.(c) A violation of this section shall be sufficient cause for the board to immediately revoke or cancel the courtesy card of the violator.
WV Code § 30-6-14 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 6. Board of Funeral Service Examiners|§30-6-14. License and Certificate Renewal; Conditions of Renewal

(a) The board shall biennially on July 1, and pursuant to a staggered schedule, renew a license to practice embalming and funeral directing or a certificate to be a crematory operator to every licensee or certificate holder desiring to continue in active practice or service.(b) The board shall charge a fee for each renewal and a late fee for nonrenewal of a license or certificate.(c) The board shall require as a condition for the renewal of a license to practice embalming and funeral directing or a certificate to be a crematory operator that each licensee participate in continuing education: Provided, That any licensed embalmer or funeral director sixty-five years or older with at least ten years experience as a licensed embalmer or licensed funeral director, is entitled to be issued, after payment of a fee, a license as an embalmer emeritus or funeral director emeritus and is exempt from all continuing education requirements. The emeritus license shall entitle the holder to all the rights and privileges of the license previously held by the licensee.(d) Any person licensed to practice embalming and funeral directing or certified to be a crematory operator who does not desire to continue in active practice shall notify the board, in a manner specified by the board, and pay a fee, and shall, during such period, be listed by the board as being inactive. At such time a person desires to return to active practice, he or she must notify the board, in a manner specified by the board, and complete all the continuing education requirements.
WV Code § 30-6-15 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 6. Board of Funeral Service Examiners|§30-6-15. Continuing Education

(a) The board shall conduct annually a school of instruction to apprize funeral directors and embalmers of the most recent scientific knowledge and developments affecting their profession. This school shall qualify as continuing education and shall fulfill as many continuing education required hours as the board specifies. Qualified lecturers and demonstrators may be employed by the board for this purpose. The board shall give notice of the time and place at which the school will be held for all licensed funeral directors and embalmers: Provided, That the location of any school of continuing education shall accommodate the geographic diversity of the embalmers and funeral directors of this state.(b) Hours of continuing education may be obtained by attending and participating in board-approved programs, meetings, seminars or activities. It is the responsibility of each licensee to finance his or her costs of continuing education.(c) Compliance with the requirements of continuing education, as specified by the board, is a prerequisite for license renewal.
WV Code § 30-6-16 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 6. Board of Funeral Service Examiners|§30-6-16. Inspector and Inspection Requirements

(a) All inspectors employed by the board to inspect funeral establishments and crematories, pursuant to the provisions of this article, shall have a West Virginia embalmer's license and a West Virginia funeral director's license.(b) Each inspector shall inspect a specific region, as designated by the board. Any person being employed as an inspector is prohibited from inspecting in the region in which he or she practices. If there is only one inspector, a board member, who is not from the region where the inspector practices, is authorized to inspect the facilities in the region where the inspector practices.(c) All inspections shall be conducted in a manner so as not to interfere with the conduct of business within the funeral establishment or crematory. The board has the authority to enter, at all reasonable hours, for the purpose of inspecting the premises in which the business of embalming, funeral directing or cremating is conducted.(d) All of an inspector's expenses, per diem and compensation shall be paid out of the receipts of the board, but the allowances shall at no time exceed the receipts of the board.(e) The board is authorized to set fees for inspections: Provided, That there shall be no fee for an annual inspection.
WV Code § 30-6-17 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 6. Board of Funeral Service Examiners|§30-6-17. Apprenticeship

(a) After January 1, 2003, the board shall issue a registration to be an apprentice funeral director or apprentice embalmer to an applicant who meets the following requirements:(1) Is of good moral character and temperate habits;(2) Is eighteen years of age or over;(3) A citizen of the United States or be eligible for employment in the United States;(4) Has a high school diploma or its equivalent;(5) Has completed one of the education requirements for an embalmer's license, as set out in subdivision (5), subsection (a), section eight of this article;(6) Is not attending school and will not be attending school during the apprenticeship period; and(7) Has paid the appropriate fees.(b) Any person that commences an apprenticeship prior to January 1, 2003, may continue to serve such apprenticeship and is not subject to the requirements set forth in this section, but is subject to board approval.(c) The board may set the requirements for an apprenticeship, including the manner in which it shall be served and the length of time, which shall not be more than one year.(d) No licensed funeral director or licensed embalmer shall be permitted to register or have registered more than five apprentices under his or her license at the same time.
WV Code § 30-6-19 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 6. Board of Funeral Service Examiners|§30-6-19. Funeral Establishment to Be Managed by a Licensee in Charge; License Displayed

(a) Every separate funeral establishment in this state offering the services set forth in this article shall be operated under the supervision and management of a licensee in charge who is licensed as a funeral director in this state.(b) Each separate funeral establishment in this state offering the services set forth in this article shall have its own license, which license shall be prominently displayed within the funeral establishment.(c) All funeral establishments shall display in all advertising the name of the licensee in charge of the establishment.(d) All funeral establishments shall prominently display within the funeral establishment the license of the licensee in charge.(e) A licensee in charge shall supervise each separate establishment.
WV Code § 30-6-21 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 6. Board of Funeral Service Examiners|§30-6-21. Requirements for Cremating

(a) A crematory shall obtain written permission prior to cremating a dead human body. The written permission shall be obtained from persons authorized by the board as specified in rules.(b) The written permission shall be on a standard form, prescribed by the board, and shall contain the following information:(1) The identity of the deceased;(2) The name of the person authorizing the cremation and the relationship, if any, to the deceased;(3) Permission for the crematory to perform the cremation;(4) The name of the person who will claim the cremains from the crematory; and(5) Any other information required by the board.(c) A crematory shall obtain a permit or authorization for cremation from the county medical examiner, the assistant county medical examiner or the county coroner of the county wherein the death occurred and do such other acts as required by section nine, article twelve, chapter sixty-one of this code: Provided, That a crematory may obtain a permit or authorization for cremation from the chief medical examiner if:(1) The crematory is unable to obtain a permit from the county medical examiner, the assistant county medical examiner or the county coroner of the county wherein the death occurred; or(2) The crematory has concerns following authorization by county personnel regarding the identity or cause of death of the deceased.(d) The permit or authorization for cremation shall be on forms prescribed by the chief medical examiner. A permit or authorization for cremation may be done by facsimile.(e) All crematories shall implement a cremation procedure. The board, by rules, shall establish the cremation procedure which shall include:(1) An identification process for bodies;(2) A tracking process for bodies from the time a body is delivered to a crematory through the time the cremains are claimed by the authorized person;(3) Obtaining all the required signatures, as specified by the board, on the written permission for cremation;(4) Only cremating one human body at a time and prohibiting comingling of cremains;(5) The specified time period a crematory is required to keep unclaimed cremains;(6) How to dispose of unclaimed cremains;(7) A record-keeping process for cremations; and(8) Any other requirements necessary to effectuate the provisions of this article.(f) The board shall establish requirements for:(1) The equipment needed to complete the cremation process; and(2) The containers needed to store the cremains.