West Virginia Code of State Rules Agency 6 - Funeral Service Examiners
1. Overview of Agency 6 – Board of Funeral Service Examiners
Agency 6 contains the rules and regulations for the licensing, operation, and discipline of funeral service professionals in West Virginia. The Board of Funeral Service Examiners enforces these rules under the authority granted by West Virginia Code § 30-6-6, which allows the Board to regulate:
Licensing of funeral directors, embalmers, and crematory operators
Apprenticeships and training requirements
Continuing education
Inspections of funeral homes and crematories
Cremation procedures
Disciplinary measures
These rules are codified under Title 6 of the West Virginia Code of State Rules, and they are legally binding on all licensed funeral service providers in the state.
2. Key Regulatory Provisions
A. Licensing and Qualifications
Individuals must meet educational requirements, complete apprenticeships, and pass state and national examinations to become licensed funeral directors or embalmers.
Licenses must be renewed periodically, often with proof of continuing education.
Misrepresentation or fraud in obtaining a license is grounds for denial or revocation.
B. Apprenticeship and Training
Apprentices must work under the supervision of licensed funeral directors or embalmers.
They gain practical experience in embalming, cremation, and funeral arrangements.
The Board tracks apprenticeships to ensure proper training before full licensure.
C. Handling of Human Remains
Funeral homes may not take possession of a body without authorization from the next of kin or legally authorized representative.
Crematories have specific procedures for verification and documentation before cremation.
Sanitary and safe handling of remains is required at all times.
D. Inspections
The Board may inspect licensed funeral homes and crematories without prior notice during normal business hours.
Inspections assess compliance with sanitary, safety, and operational standards.
Violations must be corrected promptly; failure may lead to disciplinary action.
E. Advertising and Pricing
Funeral homes must provide accurate pricing for services and merchandise.
False or misleading advertising is prohibited.
Transparent disclosure of pre-need funeral contracts is required.
F. Complaint and Disciplinary Procedures
Complaints can be filed by consumers, other licensees, or government officials.
The Board investigates complaints and may hold administrative hearings.
Possible disciplinary actions include warnings, fines, suspension, or revocation of licenses.
G. Fees
Fees are established for licensure, renewals, inspections, and continuing education approvals.
Fees are generally non-refundable.
3. Disciplinary Framework
The Board may take disciplinary action for:
Fraud or misrepresentation in obtaining a license
Professional negligence or misconduct
Violation of Board rules or public health laws
Felony convictions or crimes involving dishonesty
Ethical violations, including mishandling remains or misrepresenting services
Disciplinary actions often follow investigation, notice to the licensee, and an opportunity for a hearing. Some cases may result in voluntary consent agreements instead of formal hearings.
4. Illustrative Case Law and Enforcement Examples
Dent v. West Virginia, 129 U.S. 114 (1889)
Established that states may impose reasonable professional licensing requirements.
Supports the Board’s authority to regulate funeral service professionals without violating constitutional rights.
Preneed Fraud Cases
Instances where funeral operators mismanaged pre-need contracts or mishandled funds led to investigations and disciplinary actions by the Board.
These cases show the Board’s role in protecting consumers and enforcing compliance with Agency 6 rules.
Consent Agreements and Suspensions
The Board frequently resolves minor violations through voluntary agreements requiring remedial action, training, or fines.
This demonstrates the flexibility of Agency 6 enforcement while maintaining public safety and professional standards.
5. Practical Implications for Funeral Professionals
Licensing: Must maintain current credentials and meet continuing education requirements.
Operations: Must comply with sanitary, safety, and ethical handling of human remains.
Compliance: Must cooperate with inspections and correct violations promptly.
Discipline: Board can suspend, revoke, or restrict licenses for misconduct or noncompliance.
Goal of Agency 6: Protect public health, ensure ethical funeral practices, and maintain professional standards across West Virginia funeral service providers.
RELATED Blog
comments