Administrative Code

Virginia Administrative Code
7/3/2022

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:

"Affiliation" or "affiliated" means a relationship involving a degree of common or subsidiary ownership between two establishments or entities.

"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 that grants limited and restricted funeral service privileges in the Commonwealth to out-of-state funeral service licensees, funeral directors, and embalmers.

"Cremation container" means a container in which human remains are transported to the crematory and placed in the retort for cremation.

"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.

"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 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 25, Issue 20, eff. July 8, 2009; Volume 37, Issue 12, eff. March 3, 2021.

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;

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.

18VAC65-20-20. (Repealed.)

Historical Notes

Derived from VR320-01-2 §§ 1.2 to 1.4, eff. October 24, 1990; amended, Virginia Register Volume 8, Issue 25, eff. October 7, 1992; Volume 11, Issue 14, eff. May 3, 1995; repealed, Virginia Register Volume 15, Issue 7, eff. January 20, 1999.

18VAC65-20-50. Posting of license.

A. Each licensee shall post an original or photocopy of his license in a place conspicuous to consumers of funeral services in each establishment or branch where he practices.

B. The establishment license shall be posted in a place conspicuous to consumers of funeral services.

Statutory Authority

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

Historical Notes

Derived from VR320-01-2 § 2.1, 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 37, Issue 12, eff. March 3, 2021.

18VAC65-20-60. Accuracy of information.

A. All changes in the address of record or the public address, if different from the address of record, or in the 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 or crematory shall be reported to the board within 14 days of the change.

C. A surface transportation and removal service shall notify the board within 14 days of any change in the name of the manager of record with the board.

D. All notices required by law and by this chapter to be provided by the board to any registrant or licensee shall be validly given when mailed to the latest address of record on file with the board and shall not relieve the licensee, funeral service intern, establishment, crematory, or firm of obligation to comply. Renewal notices may be mailed or sent electronically by the board.

Statutory Authority

§§ 54.1-2400 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; Volume 25, Issue 17, eff. July 1, 2009; Volume 25, Issue 20, eff. July 8, 2009; Volume 31, Issue 26, eff. September 23, 2015; Volume 37, Issue 12, eff. March 3, 2021.

18VAC65-20-70. Required fees.

A. The following fees shall apply for initial licensure or registration:

1. License to practice funeral service or as a funeral director or an embalmer

$325

2. Funeral service establishment license

$600

3. Surface transportation and removal service registration

$325

4. Courtesy card

$325

5. Crematory

$250

6. Waiver of full-time manager requirement

$150

B. The following fees shall apply for renewal of licensure or registration:

1. License to practice funeral service or as a funeral director or an embalmer

$225

2. Funeral service establishment license

$400

3. Surface transportation and removal service registration

$300

4. Courtesy card

$300

5. Crematory

$200

6. Waiver of full-time manager requirement

$100

7. Inactive funeral service, funeral director, or embalmer license

$115

C. The following fees shall apply for late renewal of licensure or registration up to one year following expiration:

1. License to practice funeral service or as a funeral director or an embalmer

$75

2. Funeral service establishment license

$135

3. Surface transportation and removal service registration

$100

4. Courtesy card

$100

5. Crematory

$75

6. Waiver of full-time manager requirement

$35

7. Inactive funeral service, funeral director, or embalmer license

$40

D. The following fees shall apply for reinstatement of licensure or registration:

1. License to practice funeral service or as a funeral director or an embalmer

$400

2. Establishment license

$635

3. Surface transportation and removal service registration

$425

4. Courtesy card

$425

5. Crematory

$275

6. Reinstatement following suspension

$1,000

7. Reinstatement following revocation

$2,000

E. Other fees.

1. Change of manager or establishment name

$100

2. Verification of license or registration to another state

$50

3. Duplicate license, registration, or courtesy card

$25

4. Duplicate wall certificates

$60

5. Change of ownership

$100

6. Nonroutine reinspection (i.e., structural change to preparation room, change of location or ownership)

$400

F. Fees for approval of continuing education providers.

1. Application or renewal for continuing education provider

$400

2. Late renewal of continuing education provider approval

$100

3. Review of additional courses not included on initial or renewal application (per application for review of additional courses not per individual course)

$300

Statutory Authority

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

Historical Notes

Derived from VR320-01-2 § 3.1, 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 4, eff. December 9, 1998; Volume 16, Issue 7, eff. January 19, 2000; Volume 19, Issue 19, eff. July 2, 2003; Volume 20, Issue 8, eff. January 28, 2004; Volume 23, Issue 7, eff. January 10, 2007; Volume 31, Issue 8, eff. January 14, 2015; Volume 37, Issue 12, eff. March 3, 2021.

18VAC65-20-80. (Repealed.)

Historical Notes

Derived from VR320-01-2 §§ 3.2 to 3.4, eff. October 24, 1990; amended, Virginia Register Volume 8, Issue 25, eff. October 7, 1992; Volume 11, Issue 14, eff. May 3, 1995; repealed, Virginia Register Volume 15, Issue 4, eff. December 9, 1998.

18VAC65-20-110. Additional fee information.

A. There shall be a handling fee of $50 for returned checks or dishonored credit cards or debit cards.

B. Fees shall not be refunded once submitted.

C. The fee for the Virginia State Board Examination shall be paid directly to the examination service contracted by the board for its administration.

Statutory Authority

§ 54.1-2400 of the Code of Virginia.

Historical Notes

Derived from VR320-01-2 § 3.5, 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 12, eff. March 22, 2006; Volume 36, Issue 11, eff. March 5, 2020.

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