West Virginia Code 30-6-23 – Refusal to issue or renew, suspension or revocation of license; disciplinary action
(a) The board may refuse to renew, suspend, revoke or limit any license, certificate or registration or practice privilege of a licensee, or certificate or registration holder and may take disciplinary action against a licensee, or certificate or registration holder after a hearing. The board may refuse to issue, refuse to renew, suspend, revoke or limit any license, certificate or registration or practice privilege of a licensee, or certificate or registration holder for any of the following reasons:
Terms Used In West Virginia Code 30-6-23
- Apprentice: means a person who is preparing to become a licensed funeral director or a funeral service licensee and is learning the practice of embalming, funeral directing, or cremation under the direct supervision and personal instruction of a duly licensed funeral service licensee. See West Virginia Code 30-6-3
- Board: means the West Virginia Board of Funeral Service Examiners. See West Virginia Code 30-6-3
- Certificate: means a certification by the board to be a crematory operator. See West Virginia Code 30-6-3
- Conviction: A judgement of guilt against a criminal defendant.
- Cremation: means the mechanical or thermal process whereby a dead human body is reduced to ashes and bone fragments and then further reduced by additional pulverization, burning, or re-cremating when necessary. See West Virginia Code 30-6-3
- Crematory: means a licensed place of business where a deceased human body is reduced to ashes and bone fragments. See West Virginia Code 30-6-3
- Embalmer: means a person licensed to practice embalming. See West Virginia Code 30-6-3
- Embalming: means the practice of introducing chemical substances, fluids, or gases used for the purpose of preservation or disinfection into the vascular system or hollow organs of a dead human body by arterial or hypodermic injection for the restoration of the physical appearance of a deceased. See West Virginia Code 30-6-3
- Fraud: Intentional deception resulting in injury to another.
- Funeral: means a service, ceremony, or rites performed for the deceased with a body present. See West Virginia Code 30-6-3
- Funeral directing: means the business of engaging in the following:
(a) The shelter, custody, or care of a deceased. See West Virginia Code 30-6-3
- Funeral director: means a person licensed to practice funeral directing. See West Virginia Code 30-6-3
- Funeral establishment: means a licensed place of business devoted to the care, preparation, and arrangements for the transporting, embalming, funeral, burial, or other disposition of a deceased. See West Virginia Code 30-6-3
- License: means a license, which is not transferable or assignable, to:
(a) Practice embalming and funeral directing. See West Virginia Code 30-6-3
- Licensee: means a person holding a license issued under the provisions of this article. See West Virginia Code 30-6-3
- Person: means an individual, partnership, association, corporation, not-for-profit organization, or any other organization. See West Virginia Code 30-6-3
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Registration: means a registration issued by the board to be an apprentice to learn the practice of embalming, funeral directing, or cremation. See West Virginia Code 30-6-3
- State: means the State of West Virginia. See West Virginia Code 30-6-3
(1) Fraud or deceit in obtaining or maintaining a license;
(2) Failure by any licensee, or certificate or registration holder to maintain compliance with requirements for issuance or renewal of a license, certificate or registration or to timely notify the board as required in this article;
(3) Dishonesty, fraud, professional negligence in the performance of services, or a willful departure from accepted standards and professional conduct;
(4) Violation of any provision of this article or any rule, including the violation of any professional standard or rule of professional conduct, or public health laws;
(5) Conviction of a felony or any crime of which dishonesty or fraud under the laws of the United States or this state, or conviction of any similar crime under the laws of any other state if the underlying act or omission involved would have constituted a crime under the laws of this state;
(6) Any conduct adversely affecting upon the licensee's, or certificate or registration holder's fitness to perform professional services;
(7) The use of false, misleading or unethical advertising by any licensee, or certificate or registration holder, or applicant for a license or certificate of registration;
(8) Upon satisfactory proof that a licensed embalmer, a licensed funeral director, or a certified crematory operator has taken undue advantage of his or her patrons or has committed a fraudulent act in the conduct of business;
(9) Solicitation of business by the licensee, or certificate or registration holder, or any agents, assistants or employees, whether such solicitation occurs after death or while death is impending, as specified by the board: Provided, That this subdivision does not prohibit proper advertising;
(10) If a licensee, or certificate or registration holder, knowingly permits a person not licensed, not certified, or not registered to engage in the profession of embalming, funeral directing or cremation;
(11) If a licensee, or certificate or registration holder, knowingly permits a person not licensed, not certified, or not registered to use his or her license number or numbers for the purpose of practicing, or discharging any of the duties of, the professions of embalming, funeral directing or cremation;
(12) Employment by the licensee of persons as "cappers", "steerers" or "solicitors", or other such persons to obtain funeral or cremation business;
(13) Employment, directly or indirectly, of any apprentice, agent, assistant, embalmer, employee or other person, on part or full time, or on commission, for the purpose of calling upon individuals or institutions by whose influence dead human bodies may be turned over to a particular funeral director, funeral establishment or crematory;
(14) The buying of business by the licensee, or certificate or registration holder, or any agents, assistants or employees, or the direct or indirect payment or offer of payment of a commission by the licensee, or certificate or registration holder, or any agent, assistants or employees, for the purpose of securing business;
(15) Gross immorality; and
(16) Chronic or persistent inebriety or addiction to alcohol, narcotics or other substance.
(b) If the board suspends, revokes, refuses to renew or limits any license, certificate or registration or practice privilege, the board shall give written notice of the action, including a statement of charges setting forth the reasons for the action, and notice of the date, time and place for a hearing. The hearing shall be held in accordance with the provisions of this article.
(c) Disciplinary action includes, but is not limited to, a reprimand, censure, probation, suspension of license, administrative fine not to exceed $1,000 per day per violation and mandatory attendance at continuing education seminars.