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2005 SESSION
057990208Be 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. The license of any person who
does not returnsubmit
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, 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.