W. Va. Code R. § 6-1-13

Current through Register Vol. XLI, No. 50, December 13, 2024
Section 6-1-13 - Inspections
13.1. Right of inspection.

The Board, any of its members or any inspector duly authorized, has the right to enter, without prior notice, any licensed funeral establishment or its embalming facility, during normal business hours, for the purpose of inspecting the establishment.

13.2. Compliance.

The holder of a funeral establishment license shall correct any violations found during an inspection. The severity of the violation shall dictate the time allotted for correction and is at the discretion of the person conducting the inspection.

13.3. The Board shall produce an inspection report to use as a guide while inspecting an establishment, a copy of which shall be left with the establishment at the conclusion of the inspection and a copy which shall be filed in the office of the Board.
13.4. Areas of inspection shall include but not limited to:
13.4.1. Public areas, including restrooms, lounges, parlors, casket display rooms and individual caskets, offices and chapels;
13.4.2. Non-public areas, including preparation or embalming rooms, embalming facilities, refrigeration facilities, holding areas, crematories and dressing rooms;
13.4.3. Documents, equipment, and materials covered by sections 9, 10, 14, 23, 24, and 26-28 of this rule; and,
13.4.4. Medical waste disposal procedure and documents.
13.5. All funeral establishments shall maintain all necessary equipment, as established in section 14 of this rule, and materials in a clean, safe, and sanitary condition. All equipment and materials shall be in good repair and are subject to inspection. The building in which the funeral establishment or embalming facility is located shall also be in good repair and maintained in a clean, safe, and sanitary condition and is subject to inspection.
13.6. The Board shall charge an inspection fee prescribed in the Board's Series 6 CSR 7 Rule.
13.7. The inspector or the investigator may visit any facility while preparation of a body is being conducted or where a funeral is in progress, when it may be considered necessary to secure evidence, provided mat the visit shall be conducted in a respectful and decorous manner.
13.8. The Board shall initiate disciplinary proceedings for violations that are not corrected or for continuous disregard for cleanliness and other standards prescribed in this rule.
13.9. The inspector shall in no way be connected with the work or business of a funeral establishment he or she inspects, or inspect a competitive business within a twenty-five (25) mile radius. The Board shall make other arrangements to conduct inspections of any of these facilities.

W. Va. Code R. § 6-1-13