West Virginia Code 30-6-4 – Board of funeral service examiners
(a) The "West Virginia Board of Embalmers and Funeral Directors" is hereby continued and shall, after June 30, 2002, be known as the "West Virginia Board of Funeral Service Examiners". The members of the board in office on July 1, 2002 shall, unless sooner removed, continue to serve until their respective terms expire and until their successors have been appointed and qualified.
Terms Used In West Virginia Code 30-6-4
- Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
- Board: means the West Virginia Board of Funeral Service Examiners. See West Virginia Code 30-6-3
- Certificate: means a certification by the board to be a crematory operator. See West Virginia Code 30-6-3
- Crematory: means a licensed place of business where a deceased human body is reduced to ashes and bone fragments. See West Virginia Code 30-6-3
- Crematory operator: means a person certified by the board to operate a crematory. See West Virginia Code 30-6-3
- Embalming: means the practice of introducing chemical substances, fluids, or gases used for the purpose of preservation or disinfection into the vascular system or hollow organs of a dead human body by arterial or hypodermic injection for the restoration of the physical appearance of a deceased. See West Virginia Code 30-6-3
- Funeral: means a service, ceremony, or rites performed for the deceased with a body present. See West Virginia Code 30-6-3
- Funeral directing: means the business of engaging in the following:
(a) The shelter, custody, or care of a deceased. See West Virginia Code 30-6-3
- License: means a license, which is not transferable or assignable, to:
(a) Practice embalming and funeral directing. See West Virginia Code 30-6-3
- Person: means an individual, partnership, association, corporation, not-for-profit organization, or any other organization. See West Virginia Code 30-6-3
- State: means the State of West Virginia. See West Virginia Code 30-6-3
(b) Commencing with the board terms beginning July 1, 2002, the board shall consist of seven members appointed for terms of four years by the Governor, by and with the advice and consent of the Senate. Five members must be licensed embalmers and funeral directors, and one member must be a citizen member who is not licensed, certified or registered under the provisions of this article and who is not a person who performs any services related to the practice of embalming or funeral directing. Commencing with the board terms beginning July 1, 2002, the Governor shall appoint, by and with the advice and consent of the Senate, one person who operates a crematory in West Virginia which person shall replace the current board member whose term ended on June 30, 2002. The crematory operator who is appointed for the term commencing July 1, 2002, shall register and be certified, pursuant to the provisions of this article. Any crematory operator appointed thereafter shall be certified, pursuant to the provisions of this article.
(c) Each licensed member of the board, at the time of his or her appointment, must have held a license in this state for a period of not less than five years immediately preceding the appointment and each member must be a resident of this state during the appointment term. Each certified member must abide by the provisions of subsection (b) of this section. Board members must represent at least four different geographic regions of the state.
(d) No member may serve more than two consecutive full terms and any member having served two full terms may not be appointed for one year after completion of his or her second full term. A member shall continue to serve until his or her successor has been appointed and qualified.
(e) The Governor may remove any member from the board for neglect of duty, incompetency or official misconduct.
(f) Any member of the board immediately and automatically forfeits his or her membership if he or she has his or her license or certificate to practice suspended or revoked by the board, is convicted of a felony under the laws of any state or the United States or becomes a nonresident of this state.
(g) The board shall annually elect one of its members as president and one of its members as secretary.
(h) Each member of the board shall receive compensation and expense reimbursement in accordance with section eleven, article one of this chapter.