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 6-1-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
For purposes of this rule, the following terms have the
				  following meaning unless the context in which they are used requires a
				  different meaning.
2.1. "Advertise"
				and "advertising" means the use of radio, television, billboards, stationery,
				contracts, price lists, calendars, fans, internet, including social media and
				web pages, and novelty advertising, or any other advertising method or
				medium.
2.2. "Apprentice funeral
				director" means a person who is preparing to become a licensed funeral director
				and is learning the practice of arranging funeral services, memorial services,
				and final disposition of dead human bodies, under the direct supervision of a
				licensed funeral director.
2.3.
				"Apprentice funeral service licensee" means a person who is preparing to become
				a licensed funeral service licensee and is learning the practice of embalming
				and funeral directing under the direct supervision and personal instruction of
				a duly licensed funeral service licensee.
2.4. "Arrangement conference" means the time
				spent with the next-of-kin, or other duly or legally authorized person or
				representative, planning and making financial arrangements for the funeral
				services, embalming, or final disposition of a dead human body.
2.5. "Basic services fee" means charges for
				the services of the funeral director and staff for completing the following
				tasks: conducting of the arrangements conference, securing of necessary
				permits, preparation of notices, sheltering of human remains, coordination of
				arrangements with the cemetery, crematory, retail sellers, or other third
				party. The basic services fee may include overhead costs, such as parking lot
				and other common areas, insurance, staff, taxes, and other fees the funeral
				establishment pays.
2.6. "Board"
				means the West Virginia Board of Funeral Service Examiners.
2.7. "Cremation" means any mechanical,
				alkaline hydrolysis or thermal process whereby a dead human body is reduced to
				ashes and bone fragments. Cremation also includes any other mechanical or
				thermal process whereby human remains are pulverized, burned, hydrolyzed,
				recremated, or otherwise further reduced in size or quantity.
2.8. "Direct supervision" means the physical
				presence and oversight of an activity by a licensed funeral director or
				licensed embalmer.
2.9. "Embalming"
				means the introduction into the vascular system or hollow organs of a dead
				human body, by arterial or by hypodermic injection, of any chemical substance,
				fluids, or gases used for the purpose of preservation and includes the
				disinfection, preservation or restoration of a dead human body.
2.10. "Fees" means the amount of monies owed
				for any and all services issued by the Board as prescribed in the Board's
				Series 6 CSR 7 Rule.
2.11. "Funeral
				establishment" means a place of business maintained and operated and devoted to
				such activities that are incident, convenient, or related to the preparation
				and arrangements, financial or otherwise, for the embalming, funeral,
				transportation, burial or other disposition of dead human bodies.
2.11.1. "Branch funeral establishment" means
				a funeral establishment which is owned one-hundred percent by, operated by, is
				a subsidiary of, or otherwise financially connected or controlled by a licensed
				main funeral establishment. If the preparation of dead human bodies by
				embalming is done at the main establishment and the main establishment is
				within 60 miles of the branch facility, then the equipment for the preparation
				of dead human bodies is not required at the branch facility.
2.11.2. "Embalming facility" means a separate
				and secondary building operated by a main funeral establishment which was
				licensed by the Board prior to July 1, 2002, for the sole purpose of embalming
				or other preparation of dead human bodies.
2.11.3. "Funeral home," "funeral chapel,"
				"funeral services," or "funeral parlor" means a funeral establishment which
				offers funeral services and preparation for the disposition of dead human
				bodies. Funeral homes in existence prior to the effective date of this rule,
				which use the term "mortuary" in the business name, may continue to do
				so.
2.11.4. "Main funeral
				establishment" means a primary funeral establishment.
2.11.5. "Trade service" or "mortuary service"
				means a funeral establishment devoted strictly to the preparation and embalming
				of dead human bodies, and may also include the financial arrangements for the
				embalming of dead human bodies. A trade service or mortuary service may not
				offer to the public funeral services under any circumstance.