§ 54.1-2806. Refusal, suspension or revocation of license.
The Board may refuse to admit a candidate to any examination, refuse to issuea license to any applicant and may suspend a license for a stated period orindefinitely, or revoke any license or censure or reprimand any licensee orplace him on probation for such time as it may designate for any of thefollowing causes:
1. Conviction of any felony or any crime involving moral turpitude;
2. Unprofessional conduct which is likely to defraud or to deceive the publicor clients;
3. Misrepresentation or fraud in the conduct of the funeral serviceprofession, or in obtaining or renewing a license;
4. False or misleading advertising or solicitation;
5. Solicitation at-need or any preneed solicitation using in-personcommunication by the licensee, his agents, assistants or employees; however,general advertising and preneed solicitation, other than in-personcommunication, shall be allowed;
6. Employment by the licensee of persons known as "cappers" or"steerers," or "solicitors," or other such persons to obtain the servicesof a holder of a license for the practice of funeral service;
7. Employment directly or indirectly of any agent, employee or other person,on part or full time, or on a commission, for the purpose of calling uponindividuals or institutions by whose influence dead human bodies may beturned over to a particular funeral establishment;
8. Direct or indirect payment or offer of payment of a commission to othersby the licensee, his agents, or employees for the purpose of securingbusiness;
9. Use of alcohol or drugs to the extent that such use renders him unsafe topractice his licensed activity;
10. Aiding or abetting an unlicensed person to practice within the funeralservice profession;
11. Using profane, indecent or obscene language within the immediate hearingof the family or relatives of a deceased, whose body has not yet beeninterred or otherwise disposed of;
12. Solicitation or acceptance by a licensee of any commission or bonus orrebate in consideration of recommending or causing a dead human body to bedisposed of in any crematory, mausoleum or cemetery;
13. Violation of any statute, ordinance or regulation affecting the handling,custody, care or transportation of dead human bodies;
14. Refusing to surrender promptly the custody of a dead human body upon theexpress order of the person lawfully entitled to custody;
15. Knowingly making any false statement on a certificate of death;
16. Violation of any provisions of Chapter 7 (§ 32.1-249 et seq.) of Title32.1;
17. Failure to comply with § 54.1-2812, and to keep on file an itemizedstatement of funeral expenses in accordance with Board regulations;
18. Knowingly disposing of parts of human remains, including viscera, thatare received with the body by the funeral establishment, in a mannerdifferent from that used for final disposition of the body, unless thepersons authorizing the method of final disposition give written permissionthat the body parts may be disposed of in a manner different from that usedto dispose of the body;
19. Violating or failing to comply with Federal Trade Commission rulesregulating funeral industry practices;
20. Violating or cooperating with others to violate any provision of thischapter or the regulations of the Board of Funeral Directors and Embalmers orthe Board of Health;
21. Failure to comply with the reporting requirements as set forth in §54.1-2817 for registered funeral service interns;
22. Failure to provide proper and adequate supervision and traininginstruction to registered funeral service interns as required by regulationsof the Board;
23. Violating any statute or regulation of the Board regarding theconfidentiality of information pertaining to the deceased or the family ofthe deceased or permitting access to the body in a manner that is contrary tothe lawful instructions of the next-of-kin of the deceased;
24. Failure to include, as part of the general price list for funeralservices, a disclosure statement notifying the next of kin that certainfuneral services may be provided off-premises by other funeral serviceproviders;
25. Disciplinary action against a license, certificate or registration issuedby another state, the District of Columbia or territory or possession of theUnited States; and
26. Failure to ensure that a dead human body is maintained in refrigerationat no more than approximately 40 degrees Fahrenheit or embalmed if it is tobe stored for more than 48 hours prior to disposition. A dead human bodyshall be maintained in refrigeration and shall not be embalmed in the absenceof express permission by a next of kin of the deceased or a court order.
(Code 1950, §§ 54-260.50, 54-260.59; 1956, c. 220; 1972, c. 797, § 54-260.74;1979, c. 720; 1981, c. 258; 1986, c. 91; 1988, c. 765; 1989, c. 684; 1990, c.363; 1996, c. 142; 2003, c. 505; 2006, c. 56; 2010, c. 324.)
§ 54.1-2806. Refusal, suspension or revocation of license.
The Board may refuse to admit a candidate to any examination, refuse to issuea license to any applicant and may suspend a license for a stated period orindefinitely, or revoke any license or censure or reprimand any licensee orplace him on probation for such time as it may designate for any of thefollowing causes:
1. Conviction of any felony or any crime involving moral turpitude;
2. Unprofessional conduct which is likely to defraud or to deceive the publicor clients;
3. Misrepresentation or fraud in the conduct of the funeral serviceprofession, or in obtaining or renewing a license;
4. False or misleading advertising or solicitation;
5. Solicitation at-need or any preneed solicitation using in-personcommunication by the licensee, his agents, assistants or employees; however,general advertising and preneed solicitation, other than in-personcommunication, shall be allowed;
6. Employment by the licensee of persons known as "cappers" or"steerers," or "solicitors," or other such persons to obtain the servicesof a holder of a license for the practice of funeral service;
7. Employment directly or indirectly of any agent, employee or other person,on part or full time, or on a commission, for the purpose of calling uponindividuals or institutions by whose influence dead human bodies may beturned over to a particular funeral establishment;
8. Direct or indirect payment or offer of payment of a commission to othersby the licensee, his agents, or employees for the purpose of securingbusiness;
9. Use of alcohol or drugs to the extent that such use renders him unsafe topractice his licensed activity;
10. Aiding or abetting an unlicensed person to practice within the funeralservice profession;
11. Using profane, indecent or obscene language within the immediate hearingof the family or relatives of a deceased, whose body has not yet beeninterred or otherwise disposed of;
12. Solicitation or acceptance by a licensee of any commission or bonus orrebate in consideration of recommending or causing a dead human body to bedisposed of in any crematory, mausoleum or cemetery;
13. Violation of any statute, ordinance or regulation affecting the handling,custody, care or transportation of dead human bodies;
14. Refusing to surrender promptly the custody of a dead human body upon theexpress order of the person lawfully entitled to custody;
15. Knowingly making any false statement on a certificate of death;
16. Violation of any provisions of Chapter 7 (§ 32.1-249 et seq.) of Title32.1;
17. Failure to comply with § 54.1-2812, and to keep on file an itemizedstatement of funeral expenses in accordance with Board regulations;
18. Knowingly disposing of parts of human remains, including viscera, thatare received with the body by the funeral establishment, in a mannerdifferent from that used for final disposition of the body, unless thepersons authorizing the method of final disposition give written permissionthat the body parts may be disposed of in a manner different from that usedto dispose of the body;
19. Violating or failing to comply with Federal Trade Commission rulesregulating funeral industry practices;
20. Violating or cooperating with others to violate any provision of thischapter or the regulations of the Board of Funeral Directors and Embalmers orthe Board of Health;
21. Failure to comply with the reporting requirements as set forth in §54.1-2817 for registered funeral service interns;
22. Failure to provide proper and adequate supervision and traininginstruction to registered funeral service interns as required by regulationsof the Board;
23. Violating any statute or regulation of the Board regarding theconfidentiality of information pertaining to the deceased or the family ofthe deceased or permitting access to the body in a manner that is contrary tothe lawful instructions of the next-of-kin of the deceased;
24. Failure to include, as part of the general price list for funeralservices, a disclosure statement notifying the next of kin that certainfuneral services may be provided off-premises by other funeral serviceproviders;
25. Disciplinary action against a license, certificate or registration issuedby another state, the District of Columbia or territory or possession of theUnited States; and
26. Failure to ensure that a dead human body is maintained in refrigerationat no more than approximately 40 degrees Fahrenheit or embalmed if it is tobe stored for more than 48 hours prior to disposition. A dead human bodyshall be maintained in refrigeration and shall not be embalmed in the absenceof express permission by a next of kin of the deceased or a court order.
(Code 1950, §§ 54-260.50, 54-260.59; 1956, c. 220; 1972, c. 797, § 54-260.74;1979, c. 720; 1981, c. 258; 1986, c. 91; 1988, c. 765; 1989, c. 684; 1990, c.363; 1996, c. 142; 2003, c. 505; 2006, c. 56; 2010, c. 324.)
§ 54.1-2806. Refusal, suspension or revocation of license.
The Board may refuse to admit a candidate to any examination, refuse to issuea license to any applicant and may suspend a license for a stated period orindefinitely, or revoke any license or censure or reprimand any licensee orplace him on probation for such time as it may designate for any of thefollowing causes:
1. Conviction of any felony or any crime involving moral turpitude;
2. Unprofessional conduct which is likely to defraud or to deceive the publicor clients;
3. Misrepresentation or fraud in the conduct of the funeral serviceprofession, or in obtaining or renewing a license;
4. False or misleading advertising or solicitation;
5. Solicitation at-need or any preneed solicitation using in-personcommunication by the licensee, his agents, assistants or employees; however,general advertising and preneed solicitation, other than in-personcommunication, shall be allowed;
6. Employment by the licensee of persons known as "cappers" or"steerers," or "solicitors," or other such persons to obtain the servicesof a holder of a license for the practice of funeral service;
7. Employment directly or indirectly of any agent, employee or other person,on part or full time, or on a commission, for the purpose of calling uponindividuals or institutions by whose influence dead human bodies may beturned over to a particular funeral establishment;
8. Direct or indirect payment or offer of payment of a commission to othersby the licensee, his agents, or employees for the purpose of securingbusiness;
9. Use of alcohol or drugs to the extent that such use renders him unsafe topractice his licensed activity;
10. Aiding or abetting an unlicensed person to practice within the funeralservice profession;
11. Using profane, indecent or obscene language within the immediate hearingof the family or relatives of a deceased, whose body has not yet beeninterred or otherwise disposed of;
12. Solicitation or acceptance by a licensee of any commission or bonus orrebate in consideration of recommending or causing a dead human body to bedisposed of in any crematory, mausoleum or cemetery;
13. Violation of any statute, ordinance or regulation affecting the handling,custody, care or transportation of dead human bodies;
14. Refusing to surrender promptly the custody of a dead human body upon theexpress order of the person lawfully entitled to custody;
15. Knowingly making any false statement on a certificate of death;
16. Violation of any provisions of Chapter 7 (§ 32.1-249 et seq.) of Title32.1;
17. Failure to comply with § 54.1-2812, and to keep on file an itemizedstatement of funeral expenses in accordance with Board regulations;
18. Knowingly disposing of parts of human remains, including viscera, thatare received with the body by the funeral establishment, in a mannerdifferent from that used for final disposition of the body, unless thepersons authorizing the method of final disposition give written permissionthat the body parts may be disposed of in a manner different from that usedto dispose of the body;
19. Violating or failing to comply with Federal Trade Commission rulesregulating funeral industry practices;
20. Violating or cooperating with others to violate any provision of thischapter or the regulations of the Board of Funeral Directors and Embalmers orthe Board of Health;
21. Failure to comply with the reporting requirements as set forth in §54.1-2817 for registered funeral service interns;
22. Failure to provide proper and adequate supervision and traininginstruction to registered funeral service interns as required by regulationsof the Board;
23. Violating any statute or regulation of the Board regarding theconfidentiality of information pertaining to the deceased or the family ofthe deceased or permitting access to the body in a manner that is contrary tothe lawful instructions of the next-of-kin of the deceased;
24. Failure to include, as part of the general price list for funeralservices, a disclosure statement notifying the next of kin that certainfuneral services may be provided off-premises by other funeral serviceproviders;
25. Disciplinary action against a license, certificate or registration issuedby another state, the District of Columbia or territory or possession of theUnited States; and
26. Failure to ensure that a dead human body is maintained in refrigerationat no more than approximately 40 degrees Fahrenheit or embalmed if it is tobe stored for more than 48 hours prior to disposition. A dead human bodyshall be maintained in refrigeration and shall not be embalmed in the absenceof express permission by a next of kin of the deceased or a court order.
(Code 1950, §§ 54-260.50, 54-260.59; 1956, c. 220; 1972, c. 797, § 54-260.74;1979, c. 720; 1981, c. 258; 1986, c. 91; 1988, c. 765; 1989, c. 684; 1990, c.363; 1996, c. 142; 2003, c. 505; 2006, c. 56; 2010, c. 324.)
