Current through Register Vol. XLI, No. 19, May 10, 2024
Section 6-7-2 - Definitions2.1. "Apprentice" means a person registered under the provisions of 6 CSR 1 who is working as a funeral service licensee under the direct supervision of a licensed funeral service licensee or for a person registered as a funeral director only under the general supervision of a funeral service licensee.2.2. "Basic services fee" means charges for the services of the funeral director and staff for completing the following tasks: conducting of the arrangements conference, securing of necessary permits, preparation of notices, sheltering of human remains, coordination of arrangements with the cemetery, crematory, retail sellers, or other third party. The basic services fee may include overhead costs, such as parking lot and other common areas, insurance, staff, taxes, and other fees the funeral establishment pays.2.3. "Board" means the WV Board of Funeral Service Examiners.2.4. "Branch funeral establishment" means a funeral establishment which is owned one hundred percent by, operated by, is a subsidiary of, or otherwise financially connected or controlled by a licensed main funeral establishment. If the preparation of dead human bodies by embalming is done at the main establishment and the main establishment is within 60 miles of the branch facility, then the equipment for the preparation of dead human bodies is not required at the branch facility.2.5. "Crematory operator" means a person certified by the board to operate a crematory.2.6. "Courtesy card" holder means a person from another state who may conduct funerals, prepare death certificates, and bury a dead human body for an out-of-state funeral establishment, within the boundaries of the state of West Virginia.2.7. "Tuneral director" means an individual that has completed a two (2) year apprenticeship and taken and passed the West Virginia Laws, Rules and Regulations examination and can perform all duties as a funeral service licensee except embalming. An individual licensed as a funeral director cannot be a licensee in charge of a facility.2.8. "Funeral establishment" means a place of business maintained and operated and devoted to such activities that are incident, convenient, or related to the preparation and arrangements, financial or otherwise, for the embalming, funeral, transportation, burial or other disposition of dead human bodies.2.9. "Funeral home," "funeral chapel," "funeral services," or "funeral parlor" means a funeral establishment which offers funeral services and preparation for the disposition of dead human bodies. Funeral homes in existence prior to the effective date of this rule, which use the term "mortuary" in the business name, may continue to do so. 2.10. "Funeral service licensee" means a person who has met the requirements to be a funeral director and an embalmer. Upon the effective date of this rule, where ever the terms which refer to the act of being a funeral director and an embalmer are used, the term "funeral service license" or "funeral service licensee" shall apply. Where ever the term "embalmer" is used, the term "funeral service licensee" shall apply.2.11. "Inactive licensee" means an individual not actively practicing in the funeral service profession and are exempt from obtaining continuing education. The individual must renew their inactive status biennially to maintain an inactive status.2.12. "Licensee" means a person who holds a an embalmer's license, a funeral director's license, or a funeral establishment license issued by this Board.2.13. "Main funeral establishment" means a primary funeral establishment.2.14. "Mortuary service" means a funeral establishment devoted strictly to the preparation and embalming of dead human bodies, and may also include the financial arrangements for the embalming of dead human bodies. A trade service or mortuary service may not offer to the public funeral services under any circumstance.2.15. "Registrant" means a person who holds a certificate of registration for apprenticeship or a courtesy card issued by this Board.