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2015 SESSION
15102837DBe it enacted by the General Assembly of Virginia:
1. That § 54.1-2819 of the Code of Virginia is amended and reenacted as follows:
§ 54.1-2819. Registration of surface transportation and removal services; penalty.
Any person or private business, except a common carrier engaged in interstate commerce, the Commonwealth and its agencies, or an emergency medical services agency holding a permit issued by the Commissioner of Health pursuant to § 32.1-111.6, shall apply for and receive a registration as a transportation and removal service in order to be authorized to engage in the business of surface transportation or removal of dead human bodies in this Commonwealth.
Surface transportation and removal services shall not arrange or conduct funerals, provide for the care or preparation, including embalming, of dead human bodies, or sell or provide funeral-related goods and services without the issuance of a funeral service establishment license.
The Board of Funeral Directors
and Embalmers shall promulgate regulations for such
registration including proper procedures in the handling of all dead human
bodies being transported, the application
process for registration, and the establishment
of registration fees. These regulations shall not require the use of a casket
for transportation. No licensed funeral service establishment shall be required
to receive such registration in addition to its funeral service establishment
license. However, such establishment shall be subject to the regulations
pertaining to transportation and removal services.
Every applicant for registration as a surface transportation and removal service shall include the name of a manager of record on any application for registration and shall notify the Board within 30 days of any change in the manager of record. Such notice shall include the name of the new manager of record of the surface transportation and removal service.
All registrations as a surface transportation and removal service shall be renewed annually and no person, private business, or funeral service establishment shall engage in the business as a surface transportation and removal service without holding a valid registration.
Any surface transportation or removal service which that
is not registered or persons who knowingly engage in transportation or removal
services without registration shall be subject to the disciplinary actions
provided in this chapter.
This section shall not be construed to prohibit private individuals from transporting or removing the remains of deceased family members and relatives either by preference or in observation of religious beliefs and customs.