reglab/statecodes huggingface dataset:
West Virginia Code of State Rules › Agency 5 - Dentistry, WV Board of › Title 5 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF DENTISTRY › Series 5-16 - Teledentistry › Section 5-16-5 - Complaints; investigations; due process procedure; grounds for disciplinary action

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. By
				registering to provide teledentistry services in this State via interstate
				telehealth services, a registrant is subject to:
5.1.1. The laws, rules, and regulations
				regarding the practice of dentistry and dental hygiene in this State, including
				the State judicial system and all professional conduct rules and standards
				contained within W. Va. Code §
										30-4-1
				et seq. and the rules promulgated thereunder; and
5.1.2. The jurisdiction of the Board,
				including but not limited to the Board's complaint, investigation, and hearing
				processes.
West Virginia Code of State Rules › Agency 6 - Funeral Service Examiners › Title 6 - LEGISLATIVE RULE BOARD OF FUNERAL SERVICE EXAMINERS › Series 6-01 - Funeral Director, Embalmer, Apprentice, Courtesy Card Holders And Funeral Establishment Requirements › Section 6-1-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule relates to the licensing and conduct of embalmers and funeral directors
				and funeral establishments and apprentices and courtesy card holders.
1.2. Authority. -- W. Va. Code §
									30-6-6 et seq.
1.3. Filing Date. - March 28, 2024
1.4. Effective Date. - March 28,
				2024
1.5. Sunset Provision. - This
				rule shall terminate and have no further force or effect upon August
				1,2033.
West Virginia Code of State Rules › Agency 6 - Funeral Service Examiners › Title 6 - LEGISLATIVE RULE BOARD OF FUNERAL SERVICE EXAMINERS › Series 6-01 - Funeral Director, Embalmer, Apprentice, Courtesy Card Holders And Funeral Establishment Requirements › Section 6-1-3 - Licensing Examination for Applicants of Funeral Service License

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. An applicant
				for the state licensing examination shall remit the fees as provided in 6 CSR 7
				Rule for examination and shall supply the Board with the following
				documentation:
3.1.1. A certified copy of a
				birth certificate establishing that the applicant is at a minimum eighteen (18)
				years of age;
3.1.2. One of the
				following:
3.1.2.a. A certified transcript
				which shows successful completion of an associate degree or sixty (60) semester
				hours or ninety (90) quarter hours of college credit toward a baccalaureate
				degree, to be completed by a dean of academic affairs or an equivalent officer
				of an accredited college or university which offers an associate degree or a
				baccalaureate degree, and a certified transcript from an approved school of
				mortuary science which shows successful completion of at least 12 months of
				study in mortuary science; or
3.1.2.b. A certified transcript which shows
				successful completion of a bachelor's degree from an approved school of
				mortuary science.
3.1.3.
				A certificate of completion of the apprenticeship program as outlined in
				Section 4 of this rule; and
3.1.4.
				A certificate issued by the International Conference of Funeral Service
				Examining Boards showing a passing score of its' National Board Examination of
				not less than seventy-five percent (75%); and
3.1.5. A passing score report of seventy-five
				percent (75%) from the International Conference of Funeral Service Examining
				Boards on the West Virginia Laws, Rules and Regulation (WV LRR)
				examination.
West Virginia Code of State Rules › Agency 6 - Funeral Service Examiners › Title 6 - LEGISLATIVE RULE BOARD OF FUNERAL SERVICE EXAMINERS › Series 6-01 - Funeral Director, Embalmer, Apprentice, Courtesy Card Holders And Funeral Establishment Requirements › Section 6-1-4 - Apprenticeship for a Funeral Service Director and Embalmer (Funeral Service) License

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. The
				apprenticeship for embalmer's license and a funeral director's license shall be
				served simultaneously and shall be referred to as a Funeral Service
				license.
4.2. The apprenticeship
				program is of one (1) year's duration and consists of full-time employment
				under the direct supervision of an embalmer and funeral director licensed by
				this state and actively practicing within this state. For purposes of this
				rule, a full-time employee is an employee working a minimum of forty (40) hours
				per week in a licensed funeral establishment. The apprentice has five (5) years
				within which to finish the apprenticeship, to graduate from mortuary science
				school, and successfully pass all examinations. The Board may allow one (1)
				additional year of apprenticeship status upon a written application which shows
				good cause. Under no circumstances shall an individual have an apprentice
				registration for greater than six (6) years without Board approval.
4.3. During the apprenticeship, an apprentice
				shall meet the following requirements:
4.3.1.
				Under the direct supervision of a licensed embalmer, he or she shall assist in
				the operation or embalming not less than thirty-five (35) dead human
				bodies.
4.3.2. Under the general
				supervision of a licensed funeral director, he or she shall assist in the
				conduct of not less than thirty-five (35) funeral services.
West Virginia Code of State Rules › Agency 6 - Funeral Service Examiners › Title 6 - LEGISLATIVE RULE BOARD OF FUNERAL SERVICE EXAMINERS › Series 6-01 - Funeral Director, Embalmer, Apprentice, Courtesy Card Holders And Funeral Establishment Requirements › Section 6-1-5 - Apprenticeship for a Funeral Director license

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. The apprenticeship program for a Funeral
				Director license is of two (2) year's duration and consists of full-time
				employment under the general supervision of a licensee in charge or an active
				funeral director, licensed by this state and actively practicing within this
				state.
5.2. During the
				apprenticeship, an apprentice shall meet the following requirements:
5.2.1. Diligent attention to the work in the
				course, or regular and steady employment, and not a side issue to other
				employment;
5.2.2. Under the
				general supervision of a licensed licensee in charge or a licensed funeral
				director, he or she shall assist in conducting not less man thirty-five (35)
				disposition arrangements for individuals.
5.2.3. Under the general supervision of a
				licensed licensee in charge or licensed funeral director, he or she shall
				assist in the conduct of not less than thirty-five (35) funeral and/or memorial
				services.
West Virginia Code of State Rules › Agency 6 - Funeral Service Examiners › Title 6 - LEGISLATIVE RULE BOARD OF FUNERAL SERVICE EXAMINERS › Series 6-01 - Funeral Director, Embalmer, Apprentice, Courtesy Card Holders And Funeral Establishment Requirements › Section 6-1-6 - Control of Dead Bodies

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1.
				Authority to assume control.
A licensee, licensee's agent, assistants or employees shall
				  not assume control of any dead body without first gaining permission from the
				  next of kin or their representatives, or a medical examiner, health officer or
				  other public official legally authorized to give the permission to release the
				  body.
6.2. Responsibility
				to honor instructions.
6.2.1 A licensee or
				licensee's agents, assistants or employees who have assumed control of a dead
				body shall honor all instructions from persons who have given the control, as
				to matters relating to the handling of the body, including all steps in
				preparation; autopsy; embalming; viewing; photographing; clothing; casket; box
				or vault; cremation; time, location and type of ceremonies; and burial or other
				customary disposal, insofar as considerations of public health, legal
				requirements and customary respectful handling of the dead body may
				permit.
6.2.2. A licensee may
				establish a general policy which requires embalming for public viewings of dead
				human bodies as a matter of public health. A licensee may conduct a public
				viewing of an unembalmed body, provided that he or she shall provide a
				disclosure of the risks to every person viewing the body, pursuant to
				subsection 6.3 of this rule.
West Virginia Code of State Rules › Agency 6 - Funeral Service Examiners › Title 6 - LEGISLATIVE RULE BOARD OF FUNERAL SERVICE EXAMINERS › Series 6-01 - Funeral Director, Embalmer, Apprentice, Courtesy Card Holders And Funeral Establishment Requirements › Section 6-1-7 - Health Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1.
				Statutes and rules.
A licensee and the licensee's agents, assistants and
				  employees shall comply with all federal and state laws and rules related to
				  health. State laws include, but are not limited to §§
										16-1-1 et. seq. related to state
				  public health, §§
										16-2-1 et. seq. related to local
				  public health, §§
										16-5-1 et. seq. related to vital
				  statistics, 64CSR18 related to general sanitation, 64CSR32 related to vital
				  statistics, 64CSR56 related to infectious medical waste, and 64CSR64 related to
				  aids-related medical testing and confidentiality.
7.2. Bodies of individuals affected with
				infections or contagious diseases.
An embalmer who knows that a body is affected with infections
				  or contagious diseases shall closely and directly supervise the body. The body
				  shall be encased in a heavy burial pouch, transfer case or sealed casket. Body
				  cavities and orifices shall be treated and disinfected.
7.3. Viewing, public or otherwise, of
				unembalmed bodies.
An embalmer shall provide a written disclosure to individuals
				  who wish to view an unembalmed body. This disclosure shall contain relevant
				  information pertaining to the potential spread of infectious or contagious
				  disease or other possible hazards. The embalmer shall thoroughly discuss these
				  risks with the individual wishing to view the body and may require the legally
				  authorized representative or other individuals who will view an unembalmed body
				  to sign a statement which releases the embalmer and his employer from any
				  liability, only after discussing the potential hazards.
West Virginia Code of State Rules › Agency 6 - Funeral Service Examiners › Title 6 - LEGISLATIVE RULE BOARD OF FUNERAL SERVICE EXAMINERS › Series 6-01 - Funeral Director, Embalmer, Apprentice, Courtesy Card Holders And Funeral Establishment Requirements › Section 6-1-8 - Evidence of Crime

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. Embalming,
				removal, cremation or hydrolyzation.
The licensee or registrant, or a licensee's or registrant's
				  agents, assistants or employees shall get permission from a medical examiner or
				  other qualified law enforcement official before embalming, removing, cremating
				  or hydrolyzation of a body when they have information of or suspect a crime or
				  intentional violence in connection with the cause of death.
8.2. Information of crime.
A licensee or registrant, or a licensee's or registrant's
				  agents, assistants or employees who have information of a possible crime shall
				  immediately file a formal report of that information to a proper law
				  enforcement officer, if the possible crime has not yet been reported.
8.3. Concealment of crime.
A licensee or registrant, or a licensee's registrant or
				  registrant's agents, assistants or employees shall not knowingly do any act
				  that would conceal evidence of a crime.
8.4. Use of certain materials in embalming.
A licensee or registrant, licensee's agents, assistants or
				  employees shall not use any fluid or compound which contains arsenic, lead,
				  mercury, copper, zinc, silver, antimony or chloral or any poisonous alkaloid in
				  the embalming of a body which would interfere in the autopsy or other
				  investigation of the death of that body.
West Virginia Code of State Rules › Agency 6 - Funeral Service Examiners › Title 6 - LEGISLATIVE RULE BOARD OF FUNERAL SERVICE EXAMINERS › Series 6-01 - Funeral Director, Embalmer, Apprentice, Courtesy Card Holders And Funeral Establishment Requirements › Section 6-1-9 - Price Disclosure, Price Lists, Statement of Goods and Services, Misrepresentations

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. All funeral establishments shall comply
				with applicable state and federal laws on price disclosures, price lists,
				statements of goods and services, and misrepresentation, including but not
				limited to the Federal Trade Commission, Trade Regulation Rule for Funeral
				Industry Practices,   16 CFR Part 453.
9.2. Required records.
Funeral establishments shall maintain the following documents
				  for at least one year after expiration: general price list, casket price list,
				  outer burial container price list, statement of goods and
				  services.
West Virginia Code of State Rules › Agency 6 - Funeral Service Examiners › Title 6 - LEGISLATIVE RULE BOARD OF FUNERAL SERVICE EXAMINERS › Series 6-01 - Funeral Director, Embalmer, Apprentice, Courtesy Card Holders And Funeral Establishment Requirements › Section 6-1-10 - Advertising

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. All
				advertising shall comply with the requirements set forth in W. Va. Code
				§§
									30-6-1 et. seq.
10.2. A licensee, apprentice or any other
				person, persons or business organization associated or in any way connected
				with a funeral establishment shall not use or sponsor the use of any false,
				misleading, untrue or deceptive advertising in any manner.
10.2.1. If the words "Free," "Without Charge"
				or other words with similar connotations have the effect of misleading the
				public, the Board may consider the advertisement to be false and
				misleading.
10.2.2. A licensee,
				apprentice or any other person, persons or business organization associated or
				in any way connected with a funeral establishment shall not solicit business or
				offer any inducement, pecuniary or otherwise, for employing solicitors, agents,
				canvassers or other persons for the purpose of securing or attempting to secure
				business. These persons shall not call upon, telephone, write or cause,
				directly or indirectly, advertising literature to be sent to a sick or dying
				person as would tend to be considered non-general, selective or soliciting
				advertisements. A licensee, apprentice or any other person, persons or business
				organization associated or in any way connected with a funeral establishment
				shall not offer or accept bribes or kickbacks, direct or indirect.
10.2.3. All advertising shall have no limit
				as to size providing the advertising is not in any way false, misleading,
				untrue or deceptive. The contents of the advertising shall include the name of
				the funeral establishment, its address and telephone number and the name of the
				licensed funeral director in charge. It may also include a description of the
				types of services available and prices and the service facilities of the
				advertiser as well as general information pertaining to his or her business.
10.2.3.a. A funeral establishment may
				advertise an individual casket price or prices; provided, mat the advertisement
				contains both the casket price or prices and a disclosure which informs the
				public there is an additional charge for the funeral services. The Board shall
				not require that the exact charges for such services be included. The cemetery
				costs, opening grave costs, vault costs or excess mileage costs are not
				considered necessary to constitute a complete funeral.
10.2.3.b. Any funeral director advertising
				any merchandise used in connection with his or her business shall carry in his
				stock a sample of the merchandise for a period of not less than thirty (30)
				days after advertisement publication and must be able to meet any and all
				demands for such items, with no increase in price, for the stated period of not
				less man thirty (30) days.
West Virginia Code of State Rules › Agency 6 - Funeral Service Examiners › Title 6 - LEGISLATIVE RULE BOARD OF FUNERAL SERVICE EXAMINERS › Series 6-01 - Funeral Director, Embalmer, Apprentice, Courtesy Card Holders And Funeral Establishment Requirements › Section 6-1-11 - Confidentiality

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. Preserving
				confidentiality.
A licensee or registrant, or a licensee's or
				  registrant's agents, assistants or employees shall not divulge any
				  confidential or private information relating to the domestic life in any home
				  wherein they may be called upon to serve. This prohibition, however, shall not
				  prevent divulging information to any person legally authorized to receive the
				  information.
11.2. Exception.
Should any form of child abuse, child neglect, or elder
				  abuse be suspected or divulged, the licensee or registrant shall notify proper
				  authorities, including but not limited to local office of the West Virginia
				  Department of Health and Human Resources and local law enforcement. Failure to
				  do so shall result in disciplinary action, pursuant to W .Va. Code
				  §§
										30-6-1, et. seq.
West Virginia Code of State Rules › Agency 6 - Funeral Service Examiners › Title 6 - LEGISLATIVE RULE BOARD OF FUNERAL SERVICE EXAMINERS › Series 6-01 - Funeral Director, Embalmer, Apprentice, Courtesy Card Holders And Funeral Establishment Requirements › Section 6-1-12 - Supervision Required of Licensee and Registrant

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. Licensee in charge.
Each licensed funeral establishment shall employee a licensed
				  funeral director as a licensee in charge and will be in charge of and
				  responsible for the day-to-day operation of the establishment. The licensee in
				  charge shall be a full time employee of the funeral establishment and shall
				  have the following licenses:
12.1.1.
				Funeral Service licensee's license in the State of West Virginia, and
12.1.2 Pre-need license in the State of West
				Virginia.
West Virginia Code of State Rules › Agency 6 - Funeral Service Examiners › Title 6 - LEGISLATIVE RULE BOARD OF FUNERAL SERVICE EXAMINERS › Series 6-01 - Funeral Director, Embalmer, Apprentice, Courtesy Card Holders And Funeral Establishment Requirements › Section 6-1-13 - Inspections

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1. Right of
				inspection.
The Board, any of its members or any inspector duly
				  authorized, has the right to enter, without prior notice, any licensed funeral
				  establishment or its embalming facility, during normal business hours, for the
				  purpose of inspecting the establishment.
13.2. Compliance.
The holder of a funeral establishment license shall correct
				  any violations found during an inspection. The severity of the violation shall
				  dictate the time allotted for correction and is at the discretion of the person
				  conducting the inspection.
13.3. The Board shall produce an inspection
				report to use as a guide while inspecting an establishment, a copy of which
				shall be left with the establishment at the conclusion of the inspection and a
				copy which shall be filed in the office of the Board.
13.4. Areas of inspection shall include but
				not limited to:
13.4.1. Public areas,
				including restrooms, lounges, parlors, casket display rooms and individual
				caskets, offices and chapels;
13.4.2. Non-public areas, including
				preparation or embalming rooms, embalming facilities, refrigeration facilities,
				holding areas, crematories and dressing rooms;
13.4.3. Documents, equipment, and materials
				covered by sections 9, 10, 14, 23, 24, and 26-28 of this rule; and,
13.4.4. Medical waste disposal procedure and
				documents.
West Virginia Code of State Rules › Agency 6 - Funeral Service Examiners › Title 6 - LEGISLATIVE RULE BOARD OF FUNERAL SERVICE EXAMINERS › Series 6-01 - Funeral Director, Embalmer, Apprentice, Courtesy Card Holders And Funeral Establishment Requirements › Section 6-1-14 - Necessary Equipment

Current through Register Vol. XLI, No. 28, July 12, 2024
The inspector or another duly authorized agent of the Board
				  shall use his or her discretion to designate the time frame in which a funeral
				  establishment shall correct violations, depending upon the type and severity of
				  violation. Failure to comply with the following requirements shall result in
				  disciplinary action pursuant to W. Va. Code §§
									30-6-1, et. seq.
14.1. A main funeral establishment shall have
				the equipment for the conduct of embalming and funeral directing, and shall
				comply with Occupational Safety and Health Administration's regulations as
				outlined in 29CFR
				1900 et seq., and includes but is not limited
				to:
14.1.1. A preparation room or an embalming
				facility, along with all necessary equipment, in compliance with all state and
				federal laws and rules.
14.1.1.a. Upon the
				effective date of this rule, an existing main funeral establishment shall
				install an embalming facility or a preparation room pursuant to subsection
				14.1.7(b) and 14.2 of this section.
14.1.1.b. Upon the effective date of this
				rule, a new applicant for a main funeral establishment license shall install a
				preparation room pursuant to subsection 14.1.7(b) and 14.2 of this section and
				is prohibited from installing an embalming facility.
West Virginia Code of State Rules › Agency 6 - Funeral Service Examiners › Title 6 - LEGISLATIVE RULE BOARD OF FUNERAL SERVICE EXAMINERS › Series 6-01 - Funeral Director, Embalmer, Apprentice, Courtesy Card Holders And Funeral Establishment Requirements › Section 6-1-15 - Courtesy Card

Current through Register Vol. XLI, No. 28, July 12, 2024
15.1.
				Requirements.
The applicant shall:
15.1.1. Certify residency of a state which
				borders West Virginia;
15.1.2.
				Certify licensure status as a funeral director and embalmer in state of
				residence on a form supplied by the Board;
15.1.3. Submit an application supplied by the
				Board; and
15.1.4. Pay fees, as
				prescribed in the Board's Series 6 CSR 7 Rule.
West Virginia Code of State Rules › Agency 6 - Funeral Service Examiners › Title 6 - LEGISLATIVE RULE BOARD OF FUNERAL SERVICE EXAMINERS › Series 6-01 - Funeral Director, Embalmer, Apprentice, Courtesy Card Holders And Funeral Establishment Requirements › Section 6-1-16 - Penalties

Current through Register Vol. XLI, No. 28, July 12, 2024
16.1. Any violation
				of this rule constitutes grounds for the refusal to renew a license or
				constitutes grounds for the suspension or revocation, or other disciplinary
				action pursuant to W. Va. Code §
									30-1-1, et. seq. and §
									30-6-1, et. seq.
16.2. Any individual may make a complaint to
				the board concerning a licensee or registrant, and the Board shall initiate an
				investigation and resolve complaints, pursuant to procedural rule 6 CSR
				4.
16.3. Any person who had a
				license or registration suspended or revoked by the Board who believes the
				suspension, or revocation was a violation of W. Va Code §§
									30-1-1, et. seq. or 30-6-1, et.
				seq. or this rule is entitled to a hearing on the action denying the license,
				pursuant to procedural rule 6 CSR 4.
16.4. The Board may fine a licensee or
				registrant for violation of W. Va Code §§
									30-1-1 et. seq. or 30-6-1, et.
				seq. or this rule, up to one thousand dollars ($1000.00) per violation,
				pursuant to procedural rule 6 CSR 4. The Board may take further disciplinary
				action if the licensee or registrant fails to pay any fines.
West Virginia Code of State Rules › Agency 6 - Funeral Service Examiners › Title 6 - LEGISLATIVE RULE BOARD OF FUNERAL SERVICE EXAMINERS › Series 6-01 - Funeral Director, Embalmer, Apprentice, Courtesy Card Holders And Funeral Establishment Requirements › Section 6-1-18 - Correspondence with Board

Current through Register Vol. XLI, No. 28, July 12, 2024
To avoid inconsistency, all inquiries relating to any facet
				  of licensing requirements shall be directed, in writing, to the full Board
				  through its Executive Director. If any employee or member of the Board is asked
				  to provide information or interpretations, he or she shall refrain from
				  responding, but shall reduce the inquiry to written form and direct it to the
				  full Board through its Executive Director.
West Virginia Code of State Rules › Agency 6 - Funeral Service Examiners › Title 6 - LEGISLATIVE RULE BOARD OF FUNERAL SERVICE EXAMINERS › Series 6-01 - Funeral Director, Embalmer, Apprentice, Courtesy Card Holders And Funeral Establishment Requirements › Section 6-1-19 - Continuing Education

Current through Register Vol. XLI, No. 28, July 12, 2024
19.1.
				Applications to present or sponsor a single program.
Applicants wishing to present continuing education programs
				  shall submit an application 45 days before the first presentation date of the
				  program and the program shall be relevant to the practice of mortuary science.
				  Sponsors or providers of programs are responsible for submitting applications
				  for approval. Fees for applications are prescribed in the Board's Series 6 CSR
				  7 Rule. On-going programs shall be approved biennially.
19.2. Applications to present or sponsor
				multiple programs.
19.2.1. An applicant
				wishing to present multiple continuing education programs shall submit an
				application to become a certified continuing education provider instead of
				applying for each single program as prescribed in this section. The Board shall
				thoroughly screen an applicant to ensure that the applicant conducts quality
				programs based on the presenter's educational qualifications and experience,
				adequate resources, past performances, and general program content. The fee for
				applications is prescribed in the Board's Series 6 CSR 7 Rule.
19.2.2. The Board may revoke the
				certification of a continuing education provider immediately if the Board
				determines that the provider can not deliver quality programs. The Board may
				consider reinstatement of certification if the applicant can show cause for
				reinstatement, by providing proof of qualifications and documentation of
				improvement. The applicant shall pay the required application fee prescribed in
				the Board's Series 6 CSR 7 Rule.
West Virginia Code of State Rules › Agency 6 - Funeral Service Examiners › Title 6 - LEGISLATIVE RULE BOARD OF FUNERAL SERVICE EXAMINERS › Series 6-01 - Funeral Director, Embalmer, Apprentice, Courtesy Card Holders And Funeral Establishment Requirements › Section 6-1-21 - Inactive licenses

Current through Register Vol. XLI, No. 28, July 12, 2024
21.1. At
				its discretion, the Board may grant inactive licenses to funeral directors or
				funeral service licensee, which waives compliance of any continuing education
				requirement temporarily. The Board may grant an inactive license under the
				following conditions:
21.1.1. The licensee
				certifies that he or she is not actively engaged in practice which requires a
				license in this state and agrees to not engage in such practice without first
				complying with provisions for activation of an inactive license, on a form
				prescribed by the Board, and paying all applicable fees for activation to
				active status prescribed in the Board's Series 6 CSR 7 Rule,
21.1.2. The licensee agrees to continue to
				renew his or her license biennially to maintain inactive status and pay all
				applicable fees prescribed in the Board's Series 6 CSR 7 Rule, and;
21.1.3. The licensee agrees to obtain all
				continuing education credits waived while on inactive status, prior to actively
				engaging in practice again.
West Virginia Code of State Rules › Agency 6 - Funeral Service Examiners › Title 6 - LEGISLATIVE RULE BOARD OF FUNERAL SERVICE EXAMINERS › Series 6-01 - Funeral Director, Embalmer, Apprentice, Courtesy Card Holders And Funeral Establishment Requirements › Section 6-1-22 - Inspector and Investigator requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
22.1. The positions of inspector and
				investigator shall be exempt and at-will positions. The Board has the
				discretion to hire individuals as part-time or full-time employees, provided
				that full-time employees are given leave, retirement and health care benefits
				as that of other state employees.
22.2 The inspector and investigator shall be
				expected to get training periodically to enhance his or her skills, at the
				expense of the Board. The Board shall evaluate these employees annually to
				determine competence to continue in his or her position.
22.3. An applicant for the position of
				inspector shall meet all qualifications for licensure as a funeral director and
				an embalmer prior to being hired. The Board shall require the inspector to get
				training in cremation procedures during his or her first six months of
				employment if the inspector has not attended any such training within the
				previous year.
22.4. An applicant
				for the position of investigator shall meet the following requirements to be
				considered for employment:
22.4.1. graduation
				from an accredited four-year college or university in a related field and two
				(2) years full-time or equivalent part-time employment in law enforcement or
				other government policing agency; or
22.4.2. six (6) years full-time or equivalent
				part-time employment in law enforcement or other government policing
				agency.
West Virginia Code of State Rules › Agency 6 - Funeral Service Examiners › Title 6 - LEGISLATIVE RULE BOARD OF FUNERAL SERVICE EXAMINERS › Series 6-01 - Funeral Director, Embalmer, Apprentice, Courtesy Card Holders And Funeral Establishment Requirements › Section 6-1-23 - Identifying dead human bodies

Current through Register Vol. XLI, No. 28, July 12, 2024
23.1.
				A funeral establishment shall develop, implement, and maintain a written
				procedure for identification of a dead human body or cremated remains whereby
				the body or cremated remains can be identified from the time the funeral
				establishment accepts delivery of the body or cremated remains until the body
				or cremated remains are released to an authorized representative or buried.
				Documentation of identification includes but is not limited to; disks or other
				tags and paper evidence.
23.2. If
				the remains are cremated remains, the funeral establishment shall inspect the
				cremated remains to determine if documentation of identification has been
				placed within or on the cremated remains container. If the funeral
				establishment finds that no documentation exists, the funeral director shall
				contact the crematory which performed the cremation immediately to inform the
				crematory of the error. The funeral establishment shall not be responsible for
				correcting the error. Rather, the crematory shall determine the identification
				of the cremated remains and place the documentation within the cremated remains
				container.
23.3. For all other
				remains, the funeral establishment shall inspect the remains for
				identification. If the funeral establishment finds mat no documentation exists,
				the funeral director shall contact the person who released the body to the
				funeral establishment to inform him or her of the error. The funeral
				establishment shall not be responsible for correcting the error, except that
				the authorized representative should confirm the identity of the deceased
				person, if possible or feasible.
23.4. If the funeral establishment retrieves
				a deceased human body from a family residence or similar living quarters in
				which it would be inappropriate to tag the body out of respect of the family
				members or other residents, the funeral establishment may place the
				identification documents on the body upon arrival at the funeral
				establishment.
23.5. The funeral
				establishment shall permanently tag a deceased human body or the casket which
				contains a body, but only after the embalmer disinfects the body. The Board
				shall allow the funeral establishment discretion regarding what type of tag to
				use, so long as the tag is permanent and will not decay, decompose, or
				otherwise breakdown. Paper tags are permissible if protected from
				decomposition.
23.6. The funeral
				establishment shall report their own identification errors to the Board within
				five (5) business days. The funeral establishment which received the body from
				another institution which made the error shall not be responsible for reporting
				the error.
West Virginia Code of State Rules › Agency 6 - Funeral Service Examiners › Title 6 - LEGISLATIVE RULE BOARD OF FUNERAL SERVICE EXAMINERS › Series 6-01 - Funeral Director, Embalmer, Apprentice, Courtesy Card Holders And Funeral Establishment Requirements › Section 6-1-24 - Permission to cremate or hydrolyze, disclosure for unclaimed remains, removing objects from body

Current through Register Vol. XLI, No. 28, July 12, 2024
24.1. If a
				funeral establishment has been contracted by the authorized representative of a
				deceased person to provide a cremation or hydrolyzation, the licensee in charge
				shall cooperate with the funeral establishment's contracted crematory or
				alkaline hydrolysis facility to:
24.1.1. get
				written authorization from the authorized representative who has the legal
				right to authorize the cremation or hydrolysis; and,
24.1.2. get a permit for cremation or
				hydrolyzation from the county medical examiner, assistant county medical
				examiner, or the county coroner in whose county jurisdiction death takes place
				as stated on the death certificate, pursuant to the provisions of W.Va. Code
				§
										61-12-1, et. seq. and §
										30-6-1, et. seq.
West Virginia Code of State Rules › Agency 6 - Funeral Service Examiners › Title 6 - LEGISLATIVE RULE BOARD OF FUNERAL SERVICE EXAMINERS › Series 6-01 - Funeral Director, Embalmer, Apprentice, Courtesy Card Holders And Funeral Establishment Requirements › Section 6-1-26 - Storage and disposal of unclaimed human remains

Current through Register Vol. XLI, No. 28, July 12, 2024
26.1. Unclaimed dead human bodies.
A funeral establishment may embalm an unclaimed dead human
				  body under the following circumstances:
26.1.1. If the funeral establishment has made
				legitimate attempts to contact the next of kin or authorized representative
				without success within twelve (12) hours after the body was placed in its care,
				the funeral establishment may embalm the body after this twelve (12) hour
				period; provided that the funeral establishment makes a record of such
				legitimate attempts to contact the next of kin or authorized representative;
				or,
26.1.2. If the funeral
				establishment has made legitimate attempts to contact the next of kin or
				authorized representative without success and has reasonable belief that a body
				could be infected with a contagious or communicable disease, the funeral
				establishment may embalm the body immediately upon receipt of certification by
				a public health officer that the body is infected with a contagious or
				communicable disease. The funeral establishment may embalm the body prior to
				the end of twelve (12) hour period set forth in subsection 26.1.1. of this
				section if the body is certified as contagious by the public health
				officer.
West Virginia Code of State Rules › Agency 6 - Funeral Service Examiners › Title 6 - LEGISLATIVE RULE BOARD OF FUNERAL SERVICE EXAMINERS › Series 6-01 - Funeral Director, Embalmer, Apprentice, Courtesy Card Holders And Funeral Establishment Requirements › Section 6-1-27 - Release of cremated remains

Current through Register Vol. XLI, No. 28, July 12, 2024
27.1. Following completion of a cremation,
				the cremated remains shall be released according to the instructions given on
				the written authorization to cremate. If the cremated remains are to be
				shipped, they must be securely packaged and transported via a method which has
				an internal tracking system available and which provides for a receipt signed
				by the person accepting delivery.
27.2. Where there is a dispute over release
				or disposition of the cremated remains, a funeral establishment may deposit the
				cremated remains with a court of competent jurisdiction pending resolution of
				the dispute or retain the cremated remains until the authorized representative
				with the right to control disposition presents satisfactory indication that the
				dispute is resolved.
West Virginia Code of State Rules › Agency 6 - Funeral Service Examiners › Title 6 - LEGISLATIVE RULE BOARD OF FUNERAL SERVICE EXAMINERS › Series 6-01 - Funeral Director, Embalmer, Apprentice, Courtesy Card Holders And Funeral Establishment Requirements › Section 6-1-28 - Record-keeping practices

Current through Register Vol. XLI, No. 28, July 12, 2024
28.1.
				Every funeral establishment shall create and maintain on its premises an
				accurate record of every funeral and preparation of a dead human body. The
				record shall include all of the following information:
28.1.1. the name of the person or other
				funeral establishment delivering the body to the funeral
				establishment;
28.1.2. the name of
				the deceased and the identification number assigned to the body;
28.1.3. the date and time of acceptance of
				delivery;
28.1.4. the name of the
				embalmer who prepared the body;
28.1.5. the date, time and condition of the
				body at the beginning and end of the preparation of the body;
28.1.6. the date, time and manner of
				disposition of the body, and;
28.1.7. a photocopy of the death
				certificate.
West Virginia Code of State Rules › Agency 6 - Funeral Service Examiners › Title 6 - LEGISLATIVE RULE BOARD OF FUNERAL SERVICE EXAMINERS › Series 6-02 - Crematory Requirements › Section 6-2-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
LI Scope. - This rule relates to the minimum requirements of
				  crematories and crematory operators.
1.2. Authority. -- W. Va. Code §§
									30-6-1 et. seq.
1.3. Filing Date. -- March 31, 2023
1.4. Effective Date. - April 1,
				2023
1.5. Sunset Provision. - This
				rule shall terminate and have no further force or effect upon the expiration
				from August 1, 2031.
West Virginia Code of State Rules › Agency 6 - Funeral Service Examiners › Title 6 - LEGISLATIVE RULE BOARD OF FUNERAL SERVICE EXAMINERS › Series 6-02 - Crematory Requirements › Section 6-2-3 - Prohibited Acts

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. A
				crematory, or its agents, assistants or employees shall not:
3.1.1. offer funeral arrangements, funeral
				services or memorial services; or,
3.1.2. offer embalming services.
West Virginia Code of State Rules › Agency 6 - Funeral Service Examiners › Title 6 - LEGISLATIVE RULE BOARD OF FUNERAL SERVICE EXAMINERS › Series 6-02 - Crematory Requirements › Section 6-2-4 - Crematory Facilities

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. No
				person, funeral establishment, corporation, partnership, joint venture,
				voluntary organization, or other entity shall cremate without first obtaining a
				certificate from the Board.
4.2.
				Except as otherwise provided by this Article, a certificate for thermal or
				hydrolysis cremation of human remains shall have the same requirements and fees
				as for the licensing of crematories under this article. The cremation of human
				remains shall be conducted in compliance with all requirements for
				cremation.
4.3. The Board shall
				have the power to regulate, enforce, discipline, and inspect cremation
				certificate holders that have been granted under this article.
West Virginia Code of State Rules › Agency 6 - Funeral Service Examiners › Title 6 - LEGISLATIVE RULE BOARD OF FUNERAL SERVICE EXAMINERS › Series 6-02 - Crematory Requirements › Section 6-2-5 - Crematory Operator Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. New applicants.
5.1.1. An applicant for a crematory or
				alkaline hydrohysis operator registration shall attend a Board-approved course
				on crematory or alkaline hydrohysis operation, prior to registering, which
				includes training on:
5.1.1.a. tenninology
				used by the industry;
5.1.1.b. 
				principles of operation;
5.1.1.c.
				environmental quality issues;
5.1.1.d. basic procedures for operating
				equipment;
5.1.1.e. handling bodies
				and packaging remains; and
5.1.1.f.
				exposure control.
West Virginia Code of State Rules › Agency 6 - Funeral Service Examiners › Title 6 - LEGISLATIVE RULE BOARD OF FUNERAL SERVICE EXAMINERS › Series 6-02 - Crematory Requirements › Section 6-2-6 - Control of Dead Bodies

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Gaining
				permission to assume control.
A registrant or licensee, or his or her agents, assistants or
				  employees shall not assume control of any dead body without first gaining
				  permission from the authorized representative, or a medical examiner, health
				  officer or other public official legally authorized to give the permission to
				  release the body.
6.2.
				Honoring instructions from authorized persons.
6.2.1. A licensee or licensee's agents,
				assistants or employees who have assumed control of a dead body shall honor all
				instructions, from authorized persons, as to matters relating to cremation and
				the handling of the body. Only funeral service licensees or licensed funeral
				directors shall perform or arrange all steps in preparation; autopsy; viewing;
				photographing; clothing; casket; box or vault; cremation; time, location and
				type of ceremonies; and burial or other customary disposal, insofar as
				considerations of public health, legal requirements and customary respectful
				handling of the dead may permit.
West Virginia Code of State Rules › Agency 6 - Funeral Service Examiners › Title 6 - LEGISLATIVE RULE BOARD OF FUNERAL SERVICE EXAMINERS › Series 6-02 - Crematory Requirements › Section 6-2-7 - Health Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1.
				Statutes and rules.
A registrant or licensee and his or her agents shall comply
				  with all federal and state laws and rules related to health. State laws
				  include, but are not limited to §§
										16-1-1 et. seq. related to state
				  public Health, §§
										16-2-1 et. seq. related to local
				  public health, §§
										16-5-1 et. seq. related to vital
				  statistics, 64CSR18 related to general sanitation, 64CSR32 related to vital
				  statistics, 64CSR56 related to infectious medical waste, and 64CSR64 related to
				  aids-related medical testing and confidentiality.
7.2. Bodies of individuals affected with
				infections or contagious diseases.
A crematory operator who knows that a body is affected with
				  infections or contagious diseases shall closely and directly supervise the
				  body. The body shall be encased in an heavy pouch, transfer case or sealed
				  casket until cremation occurs.
West Virginia Code of State Rules › Agency 6 - Funeral Service Examiners › Title 6 - LEGISLATIVE RULE BOARD OF FUNERAL SERVICE EXAMINERS › Series 6-02 - Crematory Requirements › Section 6-2-8 - Evidence of Crime

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. Removal,
				cremation.
The licensee or registrant, or a licensee's or registrant's
				  agents, assistants or employees shall get permission from a medical examiner or
				  other qualified law enforcement official before removing or cremating a body
				  when they have information of or suspect a crime or intentional violence in
				  connection with the cause of death.
8.2. Information of crime.
A licensee or registrant or his or her agents who have
				  information of a possible crime shall immediately file a formal report of that
				  information to a proper law enforcement officer, if the possible crime has not
				  yet been reported. If the body is to be embalmed, the license or registrant or
				  his or her agents shall also notify the embalmer prior to embalming the
				  body.
8.3. Concealment of
				crime.
A licensee or registrant or his or her agents shall not
				  knowingly do any act that would conceal evidence of a crime.
West Virginia Code of State Rules › Agency 6 - Funeral Service Examiners › Title 6 - LEGISLATIVE RULE BOARD OF FUNERAL SERVICE EXAMINERS › Series 6-02 - Crematory Requirements › Section 6-2-9 - Price Lists

Current through Register Vol. XLI, No. 28, July 12, 2024
A crematory shall maintain type-written price lists and
				  statements of goods and services prescribed in this section for all products
				  and services offered for sale; provided that if the crematory also operates as
				  a licensed funeral establishment pursuant to W. Va. Code §§
									30-6-1, et. seq., the crematory
				  may include price information on the funeral establishment's required price
				  lists, pursuant to 6 CSR 1, section 9 instead of maintaining a separate price
				  list for available cremation services, as described below, so long as the
				  information required by this section is included on the funeral establishment's
				  price lists.
9.1. General Price List.
9.1.1. A General Price List, otherwise known
				as a "GPL," shall contain:
9.1.1.a. The
				caption; "General Price List;"
9.1.1.b. The effective date of the
				GPL;
9.1.1.c. Itemized list of all
				cremation services offered for sale, including exact prices or price ranges,
				from least expensive to most expensive;
9.1.1.d. Name of the crematory, the crematory
				operator in charge, full location and mailing address, and telephone number;
				and
9.1.1.e. Four disclosures, which
				include:
9.1.1.e.1. The consumer's right to
				select only the services desired;
9.1.1.e.2. The consumer's right to use
				alternative containers;
9.1.1.e.3.
				Basic non-declinable service fees for such things as delivery of goods express
				shipping, etc. or other service charges. The crematory shall disclose this as a
				separate charge or disclose this as a charge included in the price of the
				goods; and,
9.1.1.e.4. The
				availability of a separate Cremation Container Price List, if the crematory
				sells cremation containers.