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18VAC65-20-10

Part I
General Provisions

18VAC65-20-10. Definitions.

Words and terms used in this chapter shall have the definitions ascribed in §54.1-2800 of the Code of Virginia or in 16 CFR Part 453, Funeral Industry Practices, of the Federal Trade Commission, which is incorporated by reference in this chapter. In addition, the following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Branch" or "chapel" means a funeral service establishment that is affiliated with a licensed main establishment and that conforms with the requirements of §54.1-2811 of the Code of Virginia.

"Courtesy card" means the card issued by the board which grants limited and restricted funeral service privileges in the Commonwealth to out-of-state funeral service licensees, funeral directors, and embalmers.

"Cremation urn" means a wood, metal, stone, plastic, or composition container or a container of other material, which is designed for encasing cremated ashes.

"Cremation vault" or "cremation outer burial container" means any container that is designed for encasement of an inner container or urn containing cremated ashes. Also known as a cremation box.

"Establishment manager" means a funeral service licensee or licensed funeral director designated as the manager of record who is responsible for the direct supervision and management of a funeral service establishment or branch facility.

"FTC" means the Federal Trade Commission.

"Manager of record" means a funeral service licensee or licensed funeral director who is responsible for the direct supervision and management of a funeral service establishment or branch facility.

Statutory Authority

§§54.1-2400 and Chapter 28 (§54.1-2800 et seq.) of Title 54.1 and 54.1-2803 of the Code of Virginia.

Historical Notes

Derived from VR320-01-2 §1.1, eff. October 24, 1990; amended, Virginia Register Volume 8, Issue 25, eff. October 7, 1992; Volume 11, Issue 14, eff. May 3, 1995; Volume 15, Issue 7, eff. January 20, 1999; Volume 20, Issue 8, eff. January 28, 2004; Volume 24, Issue 24, eff. September 3, 2008.

18VAC65-20-15

18VAC65-20-15. Criteria for delegation of informal fact-finding proceedings to an agency subordinate.

A. Decision to delegate. In accordance with §54.1-2400 (10) of the Code of Virginia, the board may delegate an informal fact-finding proceeding to an agency subordinate upon determination that probable cause exists that a practitioner may be subject to a disciplinary action.

B. Criteria for delegation. Cases that may not be delegated to an agency subordinate, except with the concurrence of a committee of the board, are those that involve:

1. Intentional or negligent conduct that causes or is likely to cause injury;

2. Conducting the practice of funeral services in such a manner as to constitute a danger to the health, safety, and well-being of the staff or the public;

3. Impairment with an inability to practice with skill and safety;

4. Inappropriate handling of dead human bodies;

5. Sexual misconduct;

6. Misappropriation of funds; or

7. Aiding or abetting unauthorized practice; or

8. Felony conviction by an applicant.

C. Criteria for an agency subordinate.

1. An agency subordinate authorized by the board to conduct an informal fact-finding proceeding may include board members deemed knowledgeable by virtue of their training and experience in administrative proceedings involving the regulation and discipline of health professionals.

2. The executive director shall maintain a list of appropriately qualified persons to whom an informal fact-finding proceeding may be delegated.

3. The board may delegate to the executive director the selection of the agency subordinate who is deemed appropriately qualified to conduct a proceeding based on the qualifications of the subordinate and the type of case being heard.

Statutory Authority

§§54.1-2400 and 54.1-2803 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 21, Issue 18, eff. June 15, 2005; amended, Virginia Register Volume 24, Issue 24, eff. September 3, 2008.

18VAC65-20-60

18VAC65-20-60. Accuracy of information.

A. All changes of mailing address, or name, place of employment, or change in establishment ownership, manager, or name of a licensee or registrant shall be furnished to the board within 30 days after the change occurs.

B. Any change in ownership or manager of record for an establishment shall be reported to the board within 14 days of the change.

B. C. All notices required by law and by this chapter to be mailed by the board to any registrant or licensee shall be validly given when mailed to the latest address on file with the board and shall not relieve the licensee, funeral service intern, establishment, or firm of obligation to comply.

Statutory Authority

§§54.1-2400 and Chapter 28 (§54.1-2800 et seq.) of Title 54.1 and 54.1-2803 of the Code of Virginia.

Historical Notes

Derived from VR320-01-2 §2.2, eff. October 24, 1990; amended, Virginia Register Volume 8, Issue 25, eff. October 7, 1992; Volume 11, Issue 14, eff. May 3, 1995; Volume 15, Issue 7, eff. January 20, 1999; Volume 22, Issue 21, eff. July 26, 2006; Volume 24, Issue 24, eff. September 3, 2008.

18VAC65-20-120

Part II
Renewals and Reinstatement

18VAC65-20-120. Expiration dates.

A. A funeral service establishment license, crematory registration, or surface transportation and removal service registration shall expire on January March 31 of each calendar year.

B. The funeral service license, funeral director license, or embalmer license shall expire on March 31 of each calendar year.

C. Courtesy cards expire on December March 31 of each calendar year.

Statutory Authority

§§54.1-2400, 54.1-2800 and 54.1-2818.1 through 54.1-2818.3 and 54.1-2803 of the Code of Virginia.

Historical Notes

Derived from VR320-01-2 §4.1, eff. October 24, 1990; amended, Virginia Register Volume 8, Issue 25, eff. October 7, 1992; Volume 11, Issue 14, eff. May 3, 1995; Volume 15, Issue 7, eff. January 20, 1999; Volume 16, Issue 7, eff. January 19, 2000; Volume 24, Issue 24, eff. September 3, 2008.

18VAC65-20-130

18VAC65-20-130. Renewal of license; registration.

A. A person, establishment, crematory, courtesy card holder or surface transportation and removal service that desires to renew its license or registration for the next year shall, not later than the expiration date as provided in 18VAC65-20-120, submit the renewal application and applicable fee.

1. In order to renew an active funeral service, director or embalmer license, a licensee shall be required to comply with continuing competency requirements set forth in 18VAC65-20-151.

2. The board shall not renew a license for any licensee who fails to attest to compliance with continuing competency requirements on the renewal form.

B. A person who or entity that desires to renew an expired license for up to one year following expiration shall comply with requirements of subsection A of this section and also submit the applicable fee for late renewal.

C. A person who or entity which fails to renew a license, registration, or courtesy card by the expiration dates prescribed in 18VAC65-20-120 shall be deemed to have an invalid license, registration, or courtesy card and continued practice may subject the licensee to disciplinary action by the board.

Statutory Authority

§§54.1-2400 and 54.1-2803 of the Code of Virginia.

Historical Notes

Derived from VR320-01-2 §4.2, eff. October 24, 1990; amended, Virginia Register Volume 8, Issue 25, eff. October 7, 1992; Volume 11, Issue 14, eff. May 3, 1995; Volume 15, Issue 7, eff. January 20, 1999; Volume 16, Issue 7, eff. January 19, 2000; Volume 19, Issue 19, eff. July 2, 2003; Volume 23, Issue 7, eff. January 10, 2007; Volume 24, Issue 24, eff. September 3, 2008.

18VAC65-20-153

18VAC65-20-153. Documenting compliance with continuing education requirements.

A. All licensees with active status are required to maintain original documentation for a period of two years after renewal.

B. After the end of each renewal period, the board may conduct a random audit of licensees to verify compliance with the requirement for that renewal period.

C. Upon request, a licensee shall provide documentation within 14 days as follows:

1. Official transcripts showing credit hours earned from an accredited institution; or

2. Certificates of completion from approved providers.

D. Compliance with continuing education requirements, including the subject and purpose of the courses as prescribed in 18VAC65-20-151 B, the maintenance of records and the relevance of the courses to the category of licensure is the responsibility of the licensee. The board may request additional information if such compliance is not clear from the transcripts or certificates.

E. Continuing education hours required by disciplinary order shall not be used to satisfy renewal requirements.

Statutory Authority

§§54.1-2400 and 54.1-2816.1 54.1-2803 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 19, Issue 19, eff. July 2, 2003; amended, Virginia Register Volume 24, Issue 24, eff. September 3, 2008.

18VAC65-20-170

Part III
Requirements for Licensure

18VAC65-20-170. Requirements for an establishment license.

A. No person shall maintain, manage, or operate a funeral service establishment in the Commonwealth, unless such establishment holds a license issued by the board. The name of the funeral service licensee or licensed funeral director designated by the ownership to be manager of the establishment shall be included on the license.

B. Except as provided in §54.1-2810 of the Code of Virginia, every funeral service establishment and every branch or chapel of such establishment, regardless of how owned, shall have a separate establishment manager who is employed full time by the establishment for at least 40 hours a week of record who has responsibility for the establishment as prescribed in 18VAC65-20-171. The owner of the establishment shall not abridge the authority of the manager of record relating to compliance with the laws governing the practice of funeral services and regulations of the board.

C. At least 45 days prior to opening an establishment, an owner or licensed manager seeking an establishment license shall submit simultaneously a completed application, any additional documentation as may be required by the board to determine eligibility, and the applicable fee. An incomplete package will be returned to the licensee. A license shall not be issued until an inspection of the establishment has been completed and approved.

D. Within 30 days following a change of ownership, the owner or licensed manager shall notify the board, request a reinspection of the establishment, submit an application for a new establishment license with documentation that identifies the new owner, and pay the licensure and reinspection fees as required by 18VAC65-20-70. Reinspection of the establishment may occur on a schedule determined by the board, but shall occur no later than one year from the date of the change.

E. The application for licensure of a branch or chapel shall specify the name of the main establishment.

Statutory Authority

§§54.1-2400 and Chapter 28 (§54.1-2800 et seq.) of Title 54.1 and 54.1-2803 of the Code of Virginia.

Historical Notes

Derived from VR320-01-2 §5.2, eff. October 24, 1990; amended, Virginia Register Volume 8, Issue 25, eff. October 7, 1992; Volume 11, Issue 14, eff. May 3, 1995; Volume 15, Issue 7, eff. January 20, 1999; Volume 20, Issue 8, eff. January 28, 2004; Volume 24, Issue 24, eff. September 3, 2008.

18VAC65-20-171

18VAC65-20-171. Responsibilities of the manager of record.

A. The manager of record shall be employed full time by the establishment for at least 40 hours a week.

B. The manager shall be fully accountable for the operation of the establishment as it pertains to the laws and regulations governing the practice of funeral services, to include but not be limited to:

1. Maintenance of the facility within standards established in this chapter;

2. Retention of reports and documents as prescribed by the board in 18VAC65-20-700 during the period in which he serves as manager of record; and

3. Reporting to the board of any changes in information as required by 18VAC65-20-60.

Statutory Authority

§§54.1-2400 and 54.1-2803 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 24, Issue 24, eff. September 3, 2008.

18VAC65-20-240

18VAC65-20-240. Requirements for funeral service licensure by examination.

A. Application requirements.

1. With the exception of school transcripts and national examination board scores, all parts of an application package, including the required fee and any additional documentation as may be required to determine eligibility, shall be submitted simultaneously.

2. An individual applying for the state examination shall submit the application package within six months and not less than 45 30 days prior to an examination date. The board may, for good cause shown by the applicant, waive the time for the filing of any application.

B. National examination requirements. Prior to applying for licensure by examination, every applicant shall pass the National Board Examination of the Conference of Funeral Service Examining Boards of the United States, Inc., administered in accredited schools of embalming or mortuary science.

C. State examination requirements. All applicants shall pass the Virginia State Board Examination.

Statutory Authority

§§54.1-2400 and Chapter 28 (§54.1-2800 et seq.) of Title 54.1 and 54.1-2803 of the Code of Virginia.

Historical Notes

Derived from VR320-01-2 §5.9, eff. October 24, 1990; amended, Virginia Register Volume 8, Issue 25, eff. October 7, 1992; Volume 11, Issue 14, eff. May 3, 1995; Volume 15, Issue 7, eff. January 20, 1999; Volume 24, Issue 24, eff. September 3, 2008.

18VAC65-20-350

18VAC65-20-350. Requirements for licensure by reciprocity or endorsement.

A. Licenses for the practice of funeral service or its equivalent issued by other states, territories, or the District of Columbia may be recognized by the board and the holder of such license or licenses may be granted a license to practice funeral service within the Commonwealth, as follows:.

1. Reciprocity. Licenses may be granted by reciprocity provided that the same privileges are granted by the other jurisdiction to Virginia funeral service licensees by the establishment of substantially similar licensure requirements and reciprocity agreements between the two jurisdictions; or

2. Endorsement. Licenses may be granted to applicants by the board on a case-by-case basis if the applicant holds a valid license for the practice of funeral service or its equivalent in another state, territory, or the District of Columbia and possesses credentials which are substantially similar to or more stringent than required by the Commonwealth for initial licensure at the time the applicant was initially licensed.

B. An applicant for licensure by reciprocity or endorsement shall pass the Virginia State Board Examination.

Statutory Authority

§§54.1-2400 and Chapter 28 (§54.1-2800 et seq.) of Title 54.1 and 54.1-2803 of the Code of Virginia.

Historical Notes

Derived from VR320-01-2 §5.20, eff. October 24, 1990; amended, Virginia Register Volume 8, Issue 25, eff. October 7, 1992; Volume 11, Issue 14, eff. May 3, 1995; Volume 15, Issue 7, eff. January 20, 1999; Volume 20, Issue 8, eff. January 28, 2004; Volume 24, Issue 24, eff. September 3, 2008.

18VAC65-20-420

18VAC65-20-420. Misrepresentation.

A person employed or operating a surface transportation and removal service shall not in any manner misrepresent himself to the public as being an official of any local jurisdiction, the Commonwealth, federal, or any other governmental body unless granted such authority. This shall include the name and title of the company or service, uniforms, equipment, vehicles, and any other instruments used or proffered by the services or its agents. The board shall be the sole determinant of the appropriateness of the pertinent qualities of the service and staff in enforcing this regulation.

Statutory Authority

§§54.1-2400, and 54.1-2803 and 54.1-2819 of the Code of Virginia.

Historical Notes

Derived from VR320-01-2 §7.3, eff. October 24, 1990; amended, Virginia Register Volume 8, Issue 25, eff. October 7, 1992; Volume 11, Issue 14, eff. May 3, 1995; Volume 24, Issue 24, eff. September 3, 2008.

18VAC65-20-440

Part V
Issuance of Courtesy Cards

18VAC65-20-440. Courtesy cards.

A. An out-of-state person applying for a courtesy card pursuant to §54.1-2801 B of the Code of Virginia shall hold a valid license for funeral service, funeral directing, or embalming in another state, territory, or the District of Columbia.

B. An applicant for a courtesy card shall submit:

1. A completed application and prescribed fee; and

2. Verification of a current funeral service license in good standing from the applicant's licensing authority.

C. The holder of a Virginia courtesy card shall only engage in the practice for which he is currently licensed in another jurisdiction.

Statutory Authority

§§54.1-2400 and Chapter 28 (§54.1-2800 et seq.) of Title 54.1 and 54.1-2803 of the Code of Virginia.

Historical Notes

Derived from VR320-01-2 §8.1, eff. October 24, 1990; amended, Virginia Register Volume 8, Issue 25, eff. October 7, 1992; Volume 11, Issue 14, eff. May 3, 1995; Volume 15, Issue 7, eff. January 20, 1999; Volume 20, Issue 8, eff. January 28, 2004; Volume 24, Issue 24, eff. September 3, 2008.

18VAC65-20-500

Part VI
Refusal, Suspension, Revocation, and Disciplinary Action

18VAC65-20-500. Disciplinary action.

In accordance with the provisions of §54.1-2806 of the Code of Virginia, the following practices are considered unprofessional conduct and may subject the licensee to disciplinary action by the board:

1. Breach of confidence. The unnecessary or unwarranted disclosure of confidences by the funeral licensee.

2. Unfair competition.

a. Interference by a funeral service licensee, funeral director, or registered surface transportation and removal service when another has been called to take charge of a dead human body and the caller or agent of the caller has the legal right to the body's disposition.

b. Consent by a funeral service licensee or funeral director to take charge of a body unless authorized by the person or his agent having the legal right to disposition.

3. False advertising.

a. No licensee or registrant shall make, publish, disseminate, circulate or place before the public, or cause directly or indirectly to be made, an advertisement of any sort regarding services or anything so offered to the public which contains any promise, assertion, representation, or statement of fact which is untrue, deceptive, or misleading.

b. The following practices, both written and verbal, shall constitute false, deceptive, or misleading advertisement within the meaning of subdivision 4 of §54.1-2806 of the Code of Virginia:

(1) Advertising containing inaccurate statements; and

(2) Advertisement which gives a false impression as to ability, care, and cost of conducting a funeral, or that creates an impression of things not likely to be true.

c. The following practices are among those which shall constitute an untrue, deceptive, and misleading representation or statement of fact:

(1) Representing that funeral goods or services will delay the natural decomposition of human remains for a long term or indefinite time; and

(2) Representing that funeral goods have protective features or will protect the body from gravesite substances over or beyond that offered by the written warranty of the manufacturer.

4. Inappropriate handling of dead human bodies. Transportation and removal vehicles shall be of such nature as to eliminate exposure of the deceased to the public during transportation. During the transporting of a human body, consideration shall be taken to avoid unnecessary delays or stops during travel.

5. Failure to furnish price information disclosing the cost to the purchaser for each of the specific funeral goods and funeral services used in connection with the disposition of deceased human bodies.

6. Conducting the practice of funeral services in such a manner as to constitute a danger to the health, safety, and well-being of the staff or the public.

7. Inability to practice with skill or safety because of physical, mental, or emotional illness, or substance abuse.

8. Failure to register as a supervisor for a funeral service intern or failure to provide reports to the board as required by the Code of Virginia and 18VAC65-40-320.

9. Failure to comply with applicable federal and state laws and regulations, including requirements for continuing education.

Statutory Authority

§§54.1-2400 and Chapter 28 (§54.1-2800 et seq.) of Title 54.1 and 54.1-2803 of the Code of Virginia.

Historical Notes

Derived from VR320-01-2 §10.1, eff. October 24, 1990; amended, Virginia Register Volume 8, Issue 25, eff. October 7, 1992; Volume 11, Issue 14, eff. May 3, 1995; Volume 15, Issue 7, eff. January 20, 1999; Volume 19, Issue 19, eff. July 2, 2003; Volume 22, Issue 21, eff. July 26, 2006; Volume 24, Issue 24, eff. September 3, 2008.

18VAC65-20-510

Part VII
Standards for Embalming

18VAC65-20-510. Embalming report.

Every funeral establishment shall record and maintain a separate, identifiable report on a form as prescribed in Appendix IV of this chapter for each embalming procedure conducted, which shall at a minimum include the following information:

1. The name of the deceased and the date of death;

2. The date and location of the embalming;

3. The name and signature of the embalmer and the Virginia license number of the embalmer; and

4. If the embalming was performed by a funeral service intern, the name and signature of the supervisor.

Statutory Authority

§§54.1-2400 and Chapter 28 (§54.1-2800 et seq.) of Title 54.1 and 54.1-2803 of the Code of Virginia.

Historical Notes

Derived from VR320-01-2 §11.1, eff. October 24, 1990; amended, Virginia Register Volume 8, Issue 25, eff. October 7, 1992; Volume 11, Issue 14, eff. May 3, 1995; Volume 15, Issue 7, eff. January 20, 1999; Volume 24, Issue 24, eff. September 3, 2008.

18VAC65-20-590

18VAC65-20-590. Disposal of waste materials.

Disposal of all waste materials shall be in conformity with local, state, and federal law and regulations to avoid contagion and the possible spread of disease. Upon inspection, the establishment shall provide evidence of compliance, such as a copy of a contract with a medical waste disposal company.

Statutory Authority

§§54.1-2400 and Chapter 28 (§54.1-2800 et seq.) of Title 54.1 and 54.1-2803 of the Code of Virginia.

Historical Notes

Derived from VR320-01-2 §11.9, eff. October 24, 1990; amended, Virginia Register Volume 8, Issue 25, eff. October 7, 1992; Volume 11, Issue 14, eff. May 3, 1995; Volume 15, Issue 7, eff. January 20, 1999; Volume 20, Issue 8, eff. January 28, 2004; Volume 24, Issue 24, eff. September 3, 2008.

18VAC65-20-700

18VAC65-20-700. Retention of documents.

A. The following retention schedule shall apply to retention of embalming reports, price lists, and itemized statements:

1. Price lists shall be retained for one year three years after the date on which they are no longer effective;

2. Itemized statements shall be retained for one year three years from the date on which the arrangements were made; and

3. Embalming reports shall be retained at the location of the embalming for one year three years after the date of the embalming;.

B. The manager of record shall be responsible for retention and maintenance of all required documents.

4. C. Documents shall be maintained on the premises of the funeral establishment and made available for inspection; and.

5. D. In instances where the funeral establishment is sold, documents shall be transferred to the new owner, unless the existing firm is relocating to a new facility.

Statutory Authority

§§54.1-2400 and Chapter 28 (§54.1-2800 et seq.) of Title 54.1 and 54.1-2803 of the Code of Virginia.

Historical Notes

Derived from VR320-01-2 §13.1, eff. October 24, 1990; amended, Virginia Register Volume 8, Issue 25, eff. October 7, 1992; Volume 11, Issue 14, eff. May 3, 1995; Volume 15, Issue 7, eff. January 20, 1999; Volume 20, Issue 8, eff. January 28, 2004; Volume 24, Issue 24, eff. September 3, 2008.

18VAC65-20-700:1

[ FORMS

Application for a License to Practice Funeral Service Provider Application (rev. 6/06) 3/08).

Application for Courtesy Card (rev. 6/06) 7/08).

Funeral Service Establishment Application (rev. 3/08).

Notification of Change Application for New Establishment, Branch Establishment, Change of Location, Change of Ownership, Change of Trade Name, Change of Manager (rev. 6/06) 4/08).

Application for Waiver of Full-time Manager Requirement Application (rev. 6/06) 4/08).

Application for Crematory Registration Application (rev. 6/06) 4/08).

Application for Renewal for Waiver of Full-time Manager Requirement (rev. 12/02) 7/08).

Verification of State Licensure Form (rev. 12/02) 3/08).

Application for Surface Transportation and Removal Service Registration Application (rev. 6/06) 6/08).

Application for Approval as a Continuing Education Provider Application (eff. 6/06) (rev. 3/08).

Application for Reinstatement of Funeral Service License Provider (eff. 6/06) (rev. 4/08).

Application for Reinstatement of Funeral Service Establishment (eff. 3/08).

License Renewal Notice and Application, 0502, Funeral Service Providers (rev. 12/02).

License Renewal Notice and Application, 0501, Funeral Establishments (rev. 12/02).

License Renewal Notice and Application, 0506, Courtesy Card (rev. 12/02).

License Renewal Notice and Application, 0509, Surface Transportation (rev. 12/02).

License Renewal Notice and Application, 0510, Crematories (rev. 12/02).

Appendix I: General Price List (rev. 12/02).

Appendix II: Casket Price List; Outer Burial Container Price List (rev. 12/02).

Appendix III: Itemized Statement of Funeral Goods and Services Selected (rev. 12/02).

Appendix IV: Embalming Record (rev. 12/02). ]