As used in this chapter, unless the context requires a different meaning:

Terms Used In Virginia Code 54.1-2800

  • At-need: means at the time of death or while death is imminent. See Virginia Code 54.1-2800
  • Board: means the Board of Funeral Directors and Embalmers. See Virginia Code 54.1-2800
  • crematorium: means a facility containing a furnace for cremation of dead human bodies. See Virginia Code 54.1-2800
  • Decedent: A deceased person.
  • Embalming: means the process of chemically treating the dead human body by arterial injection and cavity treatment or, when necessary, hypodermic tissue injection to reduce the presence and growth of microorganisms to temporarily retard organic decomposition. See Virginia Code 54.1-2800
  • Funeral directing: means the for-profit profession of directing or supervising funerals, preparing human dead for burial by means other than embalming, or making arrangements for funeral services or the financing of funeral services. See Virginia Code 54.1-2800
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Person: includes any individual, corporation, partnership, association, cooperative, limited liability company, trust, joint venture, government, political subdivision, or any other legal or commercial entity and any successor, representative, agent, agency, or instrumentality thereof. See Virginia Code 1-230
  • Practice of funeral services: means engaging in the care and disposition of the human dead, the preparation of the human dead for the funeral service, burial or cremation, the making of arrangements for the funeral service or for the financing of the funeral service and the selling or making of financial arrangements for the sale of funeral supplies to the public. See Virginia Code 54.1-2800
  • Process: includes subpoenas, the summons and complaint in a civil action, and process in statutory actions. See Virginia Code 1-237
  • real estate: includes lands, tenements and hereditaments, and all rights and appurtenances thereto and interests therein, other than a chattel interest. See Virginia Code 1-219

“Advertisement” means any information disseminated or placed before the public.

“At-need” means at the time of death or while death is imminent.

“Board” means the Board of Funeral Directors and Embalmers.

“Cremate” means to reduce a dead human body to ashes and bone fragments by the action of fire.

“Cremator” means a person or establishment that owns or operates a crematory or crematorium or cremates dead human bodies.

“Crematory” or “crematorium” means a facility containing a furnace for cremation of dead human bodies.

“Embalmer” means any person engaged in the practice of embalming.

“Embalming” means the process of chemically treating the dead human body by arterial injection and cavity treatment or, when necessary, hypodermic tissue injection to reduce the presence and growth of microorganisms to temporarily retard organic decomposition.

“Funeral directing” means the for-profit profession of directing or supervising funerals, preparing human dead for burial by means other than embalming, or making arrangements for funeral services or the financing of funeral services.

“Funeral director” means any person engaged in the practice of funeral directing.

“Funeral service establishment” means any main establishment, branch, or chapel that is permanently affixed to the real estate and for which a certificate of occupancy has been issued by the local building official where any part of the profession of funeral directing, the practice of funeral services, or the act of embalming is performed.

“Funeral service intern” means a person who is preparing to be licensed for the practice of funeral services under the direct supervision of a practitioner licensed by the Board.

“Funeral service licensee” means a person who is licensed in the practice of funeral services.

“In-person communication” means face-to-face communication and telephonic communication.

“Next of kin” means any of the following persons, regardless of the relationship to the decedent: any person designated to make arrangements for the disposition of the decedent’s remains upon his death pursuant to § 54.1-2825, the legal spouse, child aged 18 years or older, parent of a decedent aged 18 years or older, custodial parent or noncustodial parent of a decedent younger than 18 years of age, siblings over 18 years of age, guardian of minor child, guardian of minor siblings, maternal grandparents, paternal grandparents, maternal siblings over 18 years of age and paternal siblings over 18 years of age, or any other relative in the descending order of blood relationship.

“Practice of funeral services” means engaging in the care and disposition of the human dead, the preparation of the human dead for the funeral service, burial or cremation, the making of arrangements for the funeral service or for the financing of the funeral service and the selling or making of financial arrangements for the sale of funeral supplies to the public.

“Preneed” means at any time other than at-need.

“Preneed funeral contract” means any agreement where payment is made by the consumer prior to the receipt of services or supplies contracted for, which evidences arrangements prior to death for (i) the providing of funeral services or (ii) the sale of funeral supplies.

“Preneed funeral planning” means the making of arrangements prior to death for (i) the providing of funeral services or (ii) the sale of funeral supplies.

“Solicitation” means initiating contact with consumers with the intent of influencing their selection of a funeral plan or funeral service provider.

Code 1950, § 54-260.1; 1956, c. 220; 1972, c. 797, § 54-260.67; 1988, c. 765; 1989, c. 684; 1991, c. 539; 1997, c. 116; 1998, cc. 718, 867; 2003, c. 505; 2006, c. 56; 2015, cc. 534, 670.