House 4483

WEST VIRGINIA LEGISLATURE

2026 REGULAR SESSION

Introduced

House Bill 4483

By Delegates Amos, Browning, and Heckert

[Introduced January 16, 2026; referred to the Committee on Government Organization]

A BILL to amend and reenact §30-6-6, §30-6-7, §30-6-9, §30-6-15, §30-6-17, and §30-6-19, of the Code of West Virginia, 1931, as amended, all relating to modernization of funeral service licensure and administration; clarifying definitions and credentials; updating apprenticeship and continuing-education standards; and providing for rulemaking and transitional provisions.

Be it enacted by the Legislature of West Virginia:

ARTICLE 6. BOARD OF FUNERAL SERVICE EXAMINERS.

§30-6-6. Rule-making authority.

(a) The board shall propose rules for legislative approval in accordance with the provisions of 29A-3-1, et seq. of this code to implement the provisions of this article including, but not limited to, the following:

(1) The general practice of embalming, funeral directing and cremating, and operating a funeral establishment and crematory: Provided, That the board cannot require that an applicant for a license to operate a funeral establishment or crematory have either an embalmer's or funeral director's license, or a certificate to operate a crematory.

(2) The examinations administered under this article;

(3) The issuing and renewing of licenses, certificates and courtesy cards, including establishing a staggered biennial renewal schedule;

(4) The requirements for inactive licensees;

(5) The registration and regulation of apprentices;

(6) Establish a cremation procedure and crematory requirements;

(7) Establish inspection requirements for funeral establishments and crematories, including an inspection of a new facility and annual inspections of existing facilities;

(8) Establish inspector and investigator requirements;

(9) Setting the fees charged under the provisions of this article;

(10) Setting the fines assessed under the provisions of this article;

(11) Implementing requirements for continuing education for licensees;

(12) Denying, suspending, revoking, reinstating or limiting the practice of a licensee or certificate of qualification;

(13) The investigation and resolution of complaints against persons licensed, certified or registered under this article;

(14) Establish advertising standards; and

(15) Propose any other rules necessary to effectuate the provisions of this article.

(b) All rules in effect on the effective date of this article shall remain in effect until they are withdrawn, revoked or amended.

(1) Establish a provisional Licensee in Charge authority for up to 90 days following an LIC vacancy or change of control, with conditions and notice to the Board.

(2) Implement outcomes-based continuing education, including a jurisprudence (laws, rules and regulations) examination and board-selected targeted modules as alternatives to hour-count CE.

(3) Define minimum content for a cremation chain-of-custody micro-module for non-crematory establishments that contract with third-party crematories.

(4) Define criteria for an "embalmer-of-record" agreement for establishments that do not embalm on-site.

§30-6-7. Fees; special revenue account; administrative fines.

(a) All fees and other moneys, except administrative fines, received by the board shall be deposited in a separate special revenue fund in the state Treasury and be used for the administration of this article. Except as may be provided in section eleven, article one of this chapter, the board shall retain the amounts in the special revenue account from year to year. No compensation or expense incurred under this article is a charge against the General Revenue Fund. The board shall establish that emeritus licensees renew not more often than every four years. Further the board may establish low-cost or no-cost fees for jurisprudence and micro-modules, consistent with recovery of administrative costs only.

(b) Any amounts received as administrative fines imposed pursuant to this article shall be deposited into the General Revenue Fund of the state Treasury.

§30-6-9. Funeral director license requirements.

(a) The board shall issue a license to practice funeral directing to an applicant who meets the following requirements:

(1) Completed a bachelor’s degree from an accredited institution; and

(2) Completed a two-year apprenticeship one-year apprenticeship under the supervision of a licensee in charge or an active licensed funeral director; and

(3) Has paid all the appropriate fees.

(b) The two-year apprenticeship must consist of the following work and case experience, documented in a board-approved competency log:

(1) Diligent attention to the work in the course, or regular and steady employment, and not as a side issue to another employment;

(2) Conducting not less than 35 disposition arrangements for individuals;

(3) Conducting not less than 35 funeral and/or memorial services; and

(4) Passes with an average score of not less than 75 percent, the West Virginia Laws, Rules, and Regulations Examination.

(c) A license to practice funeral directing issued by the board prior to July 1, 2002, shall for all purposes be considered a license issued under this section: Provided, That a person holding a license issued prior to July 1, 2022, must renew the license pursuant to the provisions of this article.

§30-6-15. Continuing education.

(a) Hours of continuing education may be obtained by attending and participating in board-approved programs, meetings, seminars, or activities. It is the responsibility of each licensee to finance his or her costs of continuing education.

(b) Compliance with the requirements of continuing education, as specified by the board, is a prerequisite for license renewal, when applicable, which may be specified by the board, is a prerequisite for license renewal, which may be satisfied by passing a jurisprudence examination and/or completing Board-selected targeted modules as specified by legislative rule in lieu of a fixed number of hours.

(c) The board shall by legislative rule recognize mentoring of apprentices, OSHA compliance training completed through the employer, documented quality-assurance drills, and authorship of written SOP updates adopted by the establishment as eligible continuing education activities.

§30-6-17. Apprenticeship.

(a) After July 1, 2022, the board shall issue a registration to be an apprentice funeral service licensee to an applicant who meets the following requirements:

(1) Is free of a felony conviction bearing a rational nexus to the profession pursuant to §30-1-24 of this code;  

(2) Is 18 years of age or over;

(3) Is a citizen of the United States or be eligible for employment in the United States;

(4) Has a high school diploma or its equivalent;

(5) The required 60 semester hours or 90 quarter hours of college or university credits and mortuary school can be completed prior to, during, or after the apprenticeship; and

(6) Has paid the appropriate fees.

(b) Any person that commences an apprenticeship prior to January 1, 2003, may continue to serve such apprenticeship and is not subject to the requirements set forth in this section, but is subject to board approval.

(c) The board may set the requirements for an apprenticeship, including the manner in which it shall be served and the length of time, which shall not be more than one year for a funeral service licensee and shall not be more than two years one year for a funeral director.

(d) No licensed funeral director or licensed embalmer shall be permitted to register or have registered more than five apprentices under his or her license at the same time.

(e) The board shall register an apprentice funeral director under §30‑6‑9 who is pursuing the funeral director license only.

§30-6-19. Funeral establishment to be managed by a licensee in charge; license displayed.

(a) Every separate funeral establishment in this state offering the services set forth in this article shall be operated under the supervision and management of a licensee in charge who is licensed as a funeral director in this state who shall hold an active:

(1)  Funeral Service licensee’s license in the State of West Virginia;

(2)  Embalmers license in the State of West Virginia, if the establishment performs embalming on-site;

(3)  Crematory Operator certificate in the State of West Virginia if the establishment owns or operates a crematory; and

(4) Pre-Need license in the State of West Virginia if the establishment offers or sells preneed contracts.

(b) Each separate funeral establishment in this state offering the services set forth in this article shall have its own license, which license shall be prominently displayed within the funeral establishment.

(c) All funeral establishments shall display in all advertising the name of the licensee in charge of the establishment.

(d) All funeral establishments shall prominently display within the funeral establishment the license of the licensee in charge.

(e) A licensee in charge shall supervise each separate establishment.

(f) Effective July 1, 2022, the board shall allow up to two years to complete the requirements under this section for the licensee in charge.

(g) Upon vacancy of the licensee in charge position, the board may grant provisional authority for up to 90 days to an eligible licensee to serve as licensee in charge while credentials are obtained or a permanent licensee in charge is designated.

NOTE: The purpose of this bill is to modernize funeral service licensure and administration; clarify definitions and credentials; update apprenticeship and continuing-education standards; and provide for rulemaking and transitional provisions.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.