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2005 SESSION
Be it enacted by the General Assembly of Virginia:
1. That §§ 54.1-2813, 54.1-2816, and 54.1-2817 of the Code of Virginia are amended and reenacted as follows:
§ 54.1-2813. License for the practice of funeral service.
To be licensed for the practice of funeral service, a person
shall (i) be at least eighteen 18 years of age; (ii) not have
been convicted of a felony; (iii) hold a high school diploma or its
equivalent; (iv) (iii) have completed no less than eighteen
months as a resident trainee program prescribed by the Board in
regulation; (v) (iv) have graduated from a school of mortuary
science or funeral service approved by the Board; and (vi) (v) have
passed the examination for licensure.
The Board, in its discretion, may license an individual convicted of a felony if he has successfully fulfilled all conditions of sentencing, been pardoned, or has had his civil rights restored.
The Board, in its discretion, may refuse to license an individual who has a criminal or disciplinary proceeding pending against him in any jurisdiction in the United States.
§ 54.1-2816. License renewal; failure to return renewal form.
At least sixty days prior Prior to the
expiration of a license, the Board shall mail provide to each
person licensed to practice funeral service, embalming, or funeral
directing a printed form to be completed and returned renewal notice
and application to be submitted to the Board together with the prescribed
fee. Upon request, the Board shall provide renewal notices by mail to any
licensee. The license of any person who does not return submit
the completed form prior to the date of expiration shall automatically expire.
The Board shall immediately notify the person of the expiration and the
reinstatement requirements. The Board shall reinstate an expired license upon
receipt, within thirty 30 days of the notice of expiration, of
the completed form and the prescribed fee. Reinstatement after the thirty
30-day period shall be at the discretion of the Board.
§ 54.1-2817. Resident trainees.
A person desiring to become a resident trainee shall apply on
a form provided by the Board. The applicant shall attest that he has not
been convicted of a felony and holds a high school diploma or its
equivalent. The Board, in its discretion, may approve an application to be a
resident trainee for an individual convicted of a felony, if he has successfully
fulfilled all conditions of sentencing, been pardoned, or has had
his civil rights restored. The Board shall not, however, approve an
application to be a resident trainee for any person convicted of embezzlement
or of violating subsection B of § 18.2-126.
The Board, in its discretion, may refuse to approve an application to be a resident trainee for an individual who has a criminal or disciplinary proceeding pending against him in any jurisdiction in the United States.
When the Board is satisfied as to the qualifications of an
applicant, it shall instruct the secretary to issue a certificate of
resident traineeship. When a resident trainee wishes to receive in-service
training from a person licensed for the practice of funeral service, a request
shall be submitted to the Board. If such permission is granted and the resident
trainee later leaves the proctorship of the licensee whose service has been
entered, the licensee shall give the resident trainee an affidavit showing the
length of time served with him. The affidavit shall be filed with the Board and
made a matter of record in that office. Any resident trainee seeking permission
to continue in-service training shall submit a request to the Board.
A certificate of resident traineeship shall be signed by
the resident trainee and shall be renewable as prescribed by the Board. The
Board shall mail at such time as it may prescribe by regulation, to each
registered resident trainee at his last known address, a notice that the
renewal fee is due and that, if not paid by the prescribed time, a penalty fee
shall be due in addition to the renewal fee.
The registration of any resident trainee who is in the active military service of the United States may, at the discretion of the Board, be held in abeyance for the duration of his service. The Board may also waive the renewal fees for such military personnel.
All registered resident trainees shall report to the Board at least every six months upon forms provided by the Board, showing the work which has been completed during the preceding six months of resident traineeship. The data contained in the report shall be certified as correct by the person licensed for the practice of funeral service under whom he has served during this period and by the person licensed for the practice of funeral service owning or managing the funeral service establishment.
Before such resident trainee becomes eligible to be examined
for the practice of funeral service, evidence shall be presented along with an
affidavit from any licensee under whom the trainee worked showing that the
trainee has assisted in embalming at least twenty-five 25 bodies
and that the trainee has assisted in conducting at least twenty-five 25
funerals. In all applications of resident trainees for licenses for the
practice of funeral service, the eligibility of the applicant shall be
determined by the records filed with the Board. The successful completion by
any person of the resident traineeship shall not entitle him to any privilege
except to be examined for such license.
Credit shall not be allowed for any period of resident
traineeship that has been completed more than three years prior to application
for license or more than five years prior to examination for license. If all
requirements for licensure are not completed within five years of initial
application, the Board may deny an additional traineeship. A resident trainee
may continue to practice for up to 90 days from the completion of his
traineeship or until he has taken and received the results of all examinations
required by the Board. However, the Board may waive these limitations such
limitation for any person in the armed service of the United States when application for the waiver is made in writing within six months of
leaving service. The Board may also waive these limitations if it or
if the Board determines that their enforcement of the limitation will
create an unreasonable hardship.
The Board shall have power to suspend or revoke a certificate of resident traineeship for violation of any provision of this chapter.
No more than two resident trainees shall be concurrently registered under any one person licensed for the practice of funeral service, funeral directing or embalming. Each sponsor for a registered resident trainee must be actively employed by a funeral establishment.