Part III
Requirements for Licensure

18VAC65-20-170. Requirements for an establishment license.

A. No person shall maintain, manage, or operate a funeral service establishment in the Commonwealth, unless such establishment holds a license issued by the board. The name of the funeral service licensee or licensed funeral director designated by the ownership to be manager of the establishment shall be included on the license.

B. Except as provided in § 54.1-2810 of the Code of Virginia, every funeral service establishment and every branch or chapel of such establishment, regardless of how owned, shall have a separate manager of record who has responsibility for the establishment as prescribed in 18VAC65-20-171. The owner of the establishment shall not abridge the authority of the manager of record relating to compliance with the laws governing the practice of funeral services and regulations of the board.

C. At least 45 days prior to opening an establishment, an owner or licensed manager seeking an establishment license shall submit simultaneously a completed application, any additional documentation as may be required by the board to determine eligibility, and the applicable fee. An incomplete package will be returned to the licensee. A license shall not be issued until an inspection of the establishment has been completed and approved.

D. Within 30 days following a change of ownership, the owner or licensed manager shall notify the board, request a reinspection of the establishment, submit an application for a new establishment license with documentation that identifies the new owner, and pay the licensure and reinspection fees as required by 18VAC65-20-70. Reinspection of the establishment may occur on a schedule determined by the board, but shall occur no later than one year from the date of the change.

E. The application for licensure of a branch or chapel shall specify the name of the main establishment.

18VAC65-20-435. Registration of crematories.

A. At least 30 days prior to opening a crematory, any person intending to own or operate a crematory shall apply for registration with the board by submitting a completed application and fee as prescribed in 18VAC65-20-70. The name of the individual designated by the ownership to be the crematory manager of record for the crematory shall be included on the application. The owner of the crematory shall not abridge the authority of the crematory manager of record relating to compliance with the laws governing the practice of funeral services and regulations of the board.

B. Every crematory, regardless of how owned, shall have a manager of record who has (i) achieved certification by the Cremation Association of North America (CANA); the International Cemetery, Cremation and Funeral Association (ICCFA); or other certification recognized by the board and (ii) received training in compliance with requirements of the Occupational Health and Safety Administration (OSHA). Every crematory manager of record registered by the board prior to July 8, 2009, shall have one year from that date to obtain such certification.

C. The manager shall be fully accountable for the operation of the crematory as it pertains to the laws and regulations governing the practice of funeral services, to include but not be limited to:

1. Maintenance of the facility within standards established in this chapter;

2. Retention of reports and documents as prescribed by the board in 18VAC65-20-436 during the period in which he serves as crematory manager of record; and

3. Reporting to the board of any changes in information as required by 18VAC65-20-60.

D. All persons who operate the retort in a crematory shall have certification by the Cremation Association of North America (CANA); the International Cemetery, Cremation and Funeral Association (ICCFA); or other certification recognized by the board. Every operator in a crematory registered by the board prior to July 8, 2009, shall have one year from that date to obtain such certification. Persons receiving training toward certification to operate a retort shall be allowed to work under the supervision of an operator who holds certification for a period not to exceed six months.

E. A crematory providing cremation services directly to the public shall also be licensed as a funeral service establishment or shall be a branch of a licensed establishment.

F. The board may take disciplinary action against a crematory registration for a violation of § 54.1-2818.1 of the Code of Virginia or for the inappropriate handling of dead human bodies or cremains.

Part VIII
Pricing Standards and Forms

18VAC65-20-630. Disclosures.

Funeral providers shall make all required disclosures and provide accurate information from price lists pursuant to the rules of the Federal Trade Commission. Price lists shall comply with requirements of the FTC and shall contain the information included in Appendices I, II, and III of this chapter:

APPENDIX I - General Price List;

APPENDIX II - Casket Price List, Outer Burial Container Price List; and

APPENDIX III - Itemized Statement of Funeral Goods and Services Selected.

FORMS (18VAC65-20)

Funeral Service Provider Application (rev. 4/08).

Application for Courtesy Card (rev. 7/08).

Funeral Service Establishment Application (rev. 3/08).

Application for Notification of Establishment Changes (rev. 7/08).

Waiver of Full-time Manager Application (rev. 7/08).

Crematory Registration Application (rev. 4/09).

Verification of State Licensure Form (rev. 3/08).

Surface Transportation and Removal Service Application (rev. 6/08).

Continuing Education Provider Application (rev. 3/08).

Continuing Education Summary Form (rev. 7/07).

Application for Reinstatement as a Funeral Service Provider (rev. 4/08).

Application for Reinstatement of Funeral Service Establishment (eff. 4/08).

Appendix I: General Price List (rev. 7/07).

Appendix II: Casket Price List; Outer Burial Container Price List (rev. 7/07).

Appendix III: Itemized Statement of Funeral Goods and Services Selected (rev. 7/07).

Funeral Service Provider Application (rev. 3/10).

Application for Reinstatement as a Funeral Service Provider (rev. 3/10).

Verification of State Licensure Form (rev. 3/10).

Courtesy Card Application (rev. 3/10).

Surface Transportation & Removal Services Application (rev. 5/10).

Crematory Registration Application (rev. 3/10).

Continuing Education Provider Application (rev. 3/10).

Continuing Education Summary Form (rev. 3/10).

Funeral Service Establishment Application (rev. 5/10).

Application for Notification of Establishment Changes (rev. 3/10).

Waiver of Full-Time Manager Application (rev. 3/10).

Application for Reinstatement Funeral Service Establishment (rev. 3/10).

Appendix I. General Price List (rev. 8/10).

Appendix II. Casket Price List, Outer Burial Container Price List (rev. 3/10).

Appendix III. Itemized Statement of Funeral Goods and Services Selected (rev. 3/10).