Current through Register Vol. XLI, No. 50, December 13, 2024
Section 6-1-2 - DefinitionsFor purposes of this rule, the following terms have the following meaning unless the context in which they are used requires a different meaning.
2.1. "Advertise" and "advertising" means the use of radio, television, billboards, stationery, contracts, price lists, calendars, fans, internet, including social media and web pages, and novelty advertising, or any other advertising method or medium.2.2. "Apprentice funeral director" means a person who is preparing to become a licensed funeral director and is learning the practice of arranging funeral services, memorial services, and final disposition of dead human bodies, under the direct supervision of a licensed funeral director.2.3. "Apprentice funeral service licensee" means a person who is preparing to become a licensed funeral service licensee and is learning the practice of embalming and funeral directing under the direct supervision and personal instruction of a duly licensed funeral service licensee.2.4. "Arrangement conference" means the time spent with the next-of-kin, or other duly or legally authorized person or representative, planning and making financial arrangements for the funeral services, embalming, or final disposition of a dead human body.2.5. "Basic services fee" means charges for the services of the funeral director and staff for completing the following tasks: conducting of the arrangements conference, securing of necessary permits, preparation of notices, sheltering of human remains, coordination of arrangements with the cemetery, crematory, retail sellers, or other third party. The basic services fee may include overhead costs, such as parking lot and other common areas, insurance, staff, taxes, and other fees the funeral establishment pays.2.6. "Board" means the West Virginia Board of Funeral Service Examiners.2.7. "Cremation" means any mechanical, alkaline hydrolysis or thermal process whereby a dead human body is reduced to ashes and bone fragments. Cremation also includes any other mechanical or thermal process whereby human remains are pulverized, burned, hydrolyzed, recremated, or otherwise further reduced in size or quantity.2.8. "Direct supervision" means the physical presence and oversight of an activity by a licensed funeral director or licensed embalmer.2.9. "Embalming" means the introduction into the vascular system or hollow organs of a dead human body, by arterial or by hypodermic injection, of any chemical substance, fluids, or gases used for the purpose of preservation and includes the disinfection, preservation or restoration of a dead human body.2.10. "Fees" means the amount of monies owed for any and all services issued by the Board as prescribed in the Board's Series 6 CSR 7 Rule.2.11. "Funeral establishment" means a place of business maintained and operated and devoted to such activities that are incident, convenient, or related to the preparation and arrangements, financial or otherwise, for the embalming, funeral, transportation, burial or other disposition of dead human bodies. 2.11.1. "Branch funeral establishment" means a funeral establishment which is owned one-hundred percent by, operated by, is a subsidiary of, or otherwise financially connected or controlled by a licensed main funeral establishment. If the preparation of dead human bodies by embalming is done at the main establishment and the main establishment is within 60 miles of the branch facility, then the equipment for the preparation of dead human bodies is not required at the branch facility.2.11.2. "Embalming facility" means a separate and secondary building operated by a main funeral establishment which was licensed by the Board prior to July 1, 2002, for the sole purpose of embalming or other preparation of dead human bodies.2.11.3. "Funeral home," "funeral chapel," "funeral services," or "funeral parlor" means a funeral establishment which offers funeral services and preparation for the disposition of dead human bodies. Funeral homes in existence prior to the effective date of this rule, which use the term "mortuary" in the business name, may continue to do so.2.11.4. "Main funeral establishment" means a primary funeral establishment.2.11.5. "Trade service" or "mortuary service" means a funeral establishment devoted strictly to the preparation and embalming of dead human bodies, and may also include the financial arrangements for the embalming of dead human bodies. A trade service or mortuary service may not offer to the public funeral services under any circumstance.2.12. "Funeral service" means the religious, fraternal or civil ceremony performed with the body present at a funeral home, church or other public place and also includes the committal or other dedication ceremony at a cemetery or other place of final disposition. Funeral services entail the use of the funeral establishment's facilities, equipment, and personnel.2.13. "Funeral service licensee" means a person who has met the requirements to be a funeral director and an embalmer. Upon the effective date of this rule, wherever the terms which refer to the act of being a funeral director and an embalmer are used, the term "funeral service license" or "funeral service licensee" shall apply. Wherever the term "embalmer" is used, the term "funeral service licensee" shall apply2.14. "General supervision" means the general oversight or overall responsibility for an activity by a licensed funeral director. General supervision does not require the physical presence of the licensed funeral director shall make himself/ herself available to the apprentice funeral director.2.15. "Authorized representative" means the closest next-of-kin or the person entitled to give permission for the preparation and disposition of a dead human body.2.16. "Licensee" means a person who holds a funeral service license, a funeral director's license, or a funeral establishment license issued by this Board.2.17. "Inactive Licensee" means an individual not actively practicing in the funeral service profession and are exempt from obtaining continuing education. The individual must renew their inactive status and pay the fee as prescribed in the board's Series 6 CSR 7 rule biennially to maintain an inactive status.2.18. "Minimum Adult Service" means necessary items for a complete funeral service, including but not limited to basic service fees, the use of facilities and staff for a particular kind of service, casket, and embalming or cremation.2.19. "Person" means an individual, partnership, association, corporation or other organization.2.20. "Preparation room" means a separate room located in the primary building of the main or branch funeral establishment for the sole purpose of embalming and other preparation of dead human bodies, and which room shall not be open to the general public.2.21. "Professional services" means embalming and funeral services.2.22. "Registrant" means a person who holds a certificate of registration for apprenticeship or a courtesy card issued by this Board.2.23. "Cremated remains" refers to the human body after being cremated or hydrolyzed.2.24. "Human remains" refers to the human body as a whole.