West Virginia Code 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:
Terms Used In West Virginia Code 30-6-6
- 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
- Cremation: means the mechanical or thermal process whereby a dead human body is reduced to ashes and bone fragments and then further reduced by additional pulverization, burning, or re-cremating when necessary. 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
- 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 establishment: means a licensed place of business devoted to the care, preparation, and arrangements for the transporting, embalming, funeral, burial, or other disposition 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
- Licensee: means a person holding a license issued under the provisions of this article. See West Virginia Code 30-6-3
- Registration: means a registration issued by the board to be an apprentice to learn the practice of embalming, funeral directing, or cremation. See West Virginia Code 30-6-3
(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.