1. Can the Board officers or office staff give me a legal opinion of a section of the law?
No. The Board members and office staff are prohibited from issuing a legal opinion. They can quote you the law, as stated, but if you want a legal opinion, you need to contact your attorney.
2. Can excessive OSHA CE's be used towards my General CE's?
Yes, excessive OSHA hours can be transferred to General hours. However, excessive General hours cannot be transferred to OSHA hours.
3. If I buy an existing funeral home, when can I start operating?
Any facility that is being bought by another must be inspected by the Board's inspector before operating. You must notify the Board office at least thirty (30) days in advance of the closing so an inspection can be arranged. Also, submit the required application to the office thirty (30) days in advance of the closing.
4. Can anyone working at a funeral home assist a family making arrangements for a funeral / cremation?
§ 30-6-27 of the W. Va. Code states as follows: "It is unlawful for any person not licensed or certified under the provisions of this article to practice or offer to practice embalming, funeral directing or cremation, or to operate a funeral establishment or crematory in this state."
5. Where does someone get a transport permit?
The DAVE system has the ability to print a Disposition Permit to transfer a deceased out of state.
6. Is a transport permit required to transport a body?
Yes, a Transport Permit or Disposition Permit is required for transporting a body within or out of state.
7. My funeral home has been asked by a family to pull a gold tooth. Is this legal?
Yes, it is legal. However, if the funeral home feels uncomfortable performing the extraction, have the family contact a dentist to perform the extraction. A good practice would be to have the family sign a document giving permission for the dental gold to be removed.
8. What are the office hours?
The office is staffed Monday through Friday from 8am to 3pm, except state holidays.
9. When will the Funeral Director Only classification be in effect?
The Funeral Director only classification took effect in April, 2023.
10. Who can dispose of a body?
See §30-6-22. of the W. Va. Code - Disposition of body of deceased person; penalty.
11. Who can make disposition arrangements?
See §30-6-22a of the W. Va. Code - Who can direct the location, manner and conditions of the disposition of a person's remains and make funeral arrangements?
12. Do I need to submit my CE's to the office for my file?
No. You are to keep the sheets showing your attendance for your files. All CE providers are required to submit a listing of each participant in their program to CE Broker, who will enter your CE's into their database. You can log into the database like you are going to renew your license and enter CE's you've earned. The database was submitted to the Treasurer's office prior to February 14, 2022 so it may not show all of your CE's.
13. What are the requirements for cremation?
See §30-6-21 of the W. Va. Code.
14. Who is authorized and has the right to control and dispose of a body?
See the Board's Series 1 Rule §6-1-25
15. How are my CE's reported to the office for my file?
CE Broker is the official tracker of CE's for our licensees. The provider will submit a lsiting to CE Broker of the attendees at their CE course / presentation. CE Broker will then report your CE's to the office. You should retain a copy for your files.
16. Why do you need my email address?
The Board, in the very near future, will begin notifying licensees of their renewal dates by email. Also, any changes in the WV Code or Rules will be sent by email.
17. When do I have to pay a late fee?
The law was changed during the 2021 Legislative session, effective April 1, 2021. All licenses expire June 30 of the renewal year. On or after July 1 of the renewal year, a late fee will be assessed. If it is postmarked prior to July 1, a late fee will not be assessed. The grace period has been eliminated.
18. What happens if I file a complaint?
Once a complaint is received in the office, a certified letter is sent to the individual / facility the complaint is made against for their response. Once the response is received, the Complaint Committee reviews the complaint and response at the next scheduled Board meeting date to determine is there is sufficient evidence to proceed or dismiss. If there is sufficent evidence to move forward, the Board may send an investigator to collect additional evidence or request additional material from the individual / facility. If guilt is determined, a hearing will be scheduled or a Consent Agreement will be prepared to resolve the complaint. If there is insufficient evidence to determine that a violation of the law has occurred, the complaint will be dismissed.
19. What days is the office open?
The office is open Monday - Friday, except state holidays. Emails and phone calls are monitored daily but the best method of communication is by email - wvfuneralboard@wv.gov when the office is closed.
20. When are renewal forms mailed?
Renewal forms are mailed around the middle - end of May of the renewal year.
21. I did not get my renewal form - why should I have to pay a late fee?
Renewal forms are mailed to the address we have on file. If we are not notified of a change of address, the post office will return the renewal form. If there is a forwarding address, we re-mail the renewal application. We do not have any control over the post office and their delivery. As a professional, it is your responsibility to know when your license expires. All licenses (except 6th year apprentice) are two year licenses. You can always go to our web page and do a primary verification of your license. That will give you the expiration date. If it is late, you will be charged the late fee unless the Board directs otherwise.
22. Can I get a license to do embalming only?
No. West Virginia law requires an individual to be licensed as a funeral director / embalmer (funeral service licensee). Once you are licensed as a funeral service licensee, you can choose to do embalming only.