Title of Regulation: 18VAC65-40. Regulations for the Funeral Service Internship Program (amending 18VAC65-40-10, 18VAC65-40-90, 18VAC65-40-220, 18VAC65-40-250, 18VAC65-40-320).

Statutory Authority: §§ 54.1-2400 and 54.1-2817 of the Code of Virginia.

Public Hearing Information: No public hearings are scheduled.

Public Comment Deadline: September 11, 2013.

Effective Date: September 26, 2013.

Agency Contact: Lisa Russell Hahn, Executive Director, Board of Funeral Directors and Embalmers, 9960 Mayland Drive, Sutie 300, Richmond, VA 23233-1463, telephone (804) 367-4424, FAX (804) 527-4637, or email lisa.hahn@dhp.virginia.gov.

Basis: Section 54.1-2400 of the Code of Virginia establishes the general powers and duties of health regulatory boards, including the responsibility to promulgate regulations in accordance with the Administrative Process Act that are reasonable and necessary for the administration of a regulatory program, and § 54.1-2803 of the Code of Virginia establishes the specific powers and duties of the Board of Funeral Directors and Embalmers, including establishing, supervising, regulating, and controlling programs for funeral service interns.

Purpose: This action is in response to a periodic review of regulations. The overall purpose of the amended regulation is ease of compliance with requirements for funeral internship programs. Less restrictive regulations for training in embalming and for filing reports with the board will result in a modest decrease in the regulatory burden without any associated risk of harm to the public. The board will continue to have the ability to monitor compliance and enforce regulations that protect the public health and safety in training of interns for funeral licensure.

Rationale for Using Fast-Track Process: The fast-track process is being used because the changes are less restrictive and clarifying. There should be no controversy from these periodic review recommendations.

Substance: The amendments (i) allow the board to approve an internship in embalming in a government facility or accredited educational institution and (ii) change reporting requirements for interns from 10 days to 14 days.

Issues: There are no real advantages or disadvantages to the public. A modest reduction in regulatory requirements will benefit licensees, but there is not likely to be a perceptible advantage to the consumer. There are no advantages or disadvantages to the Commonwealth.

Small Business Impact Report of Findings: This regulatory action serves as the report of findings of the regulatory review pursuant to § 2.2-4007.1 of the Code of Virginia.

Department of Planning and Budget's Economic Impact Analysis:

Summary of the Proposed Amendments to Regulation. The proposed changes will expand the qualified training sites for internship in embalming and allow additional time to report certain changes to the Board of Funeral Directors and Embalmers (Board).

Result of Analysis. The benefits likely exceed the costs for all proposed changes.

Estimated Economic Impact. The proposed changes will expand the qualified training sites for internship in embalming to include a government facility or an accredited educational institution. Under the current regulations, all approved training in an internship program must occur within a licensed funeral establishment. However, according to the Department of Health Professions (DHP), it has been increasingly difficult to obtain adequate training in embalming because more people are choosing cremation. DHP believes that interns can receive excellent training in embalming at the state anatomical program or at an educational institution, such as John Tyler Community College, that has a funeral services curriculum. Additionally, the proposed amendment will allow the Board to approve embalming training obtained in the military through mortuary affairs as partial completion of an internship program by veterans. Expanding the pool of eligible internship programs to include a government facility or an accredited educational institution is likely to make it easier for the potential interns to find an appropriate training site without increasing the risk of harm to the public.

The proposed changes will also allow additional time to report certain changes to the Board. Currently, regulations require the intern to notify the Board of any changes in name, address, employment or supervisor. There is no timeframe given for the notification, so it is presumed to be immediate notification. The proposed change would specify notification within 14 days, which is consistent with other requirements for notification for funeral service providers. In addition, the proposed changes will increase the time frame from 10 to 14 days for both the report that is due to the Board at the end of every 1,000 hours of internship and the partial internship report that must be filed if the internship is disrupted. Additional time to file notifications and reports is expected to benefit interns and establishments.

Businesses and Entities Affected. The proposed regulations will primarily affect funeral service establishments and interns. Currently, there are 426 funeral service establishments and 141 interns.

Localities Particularly Affected. The proposed regulations apply throughout the Commonwealth.

Projected Impact on Employment. The expansion of qualified training sites for internship is expected to make it easier for interns to find a placement which in turn has the potential to increase the supply of licensed funeral service providers.

Effects on the Use and Value of Private Property. The proposed regulations are not expected to have a significant impact on the use and value of private property.

Small Businesses: Costs and Other Effects. While many of the 426 funeral establishments are believed to be small businesses, some are owned by large, national corporations. The effects discussed above apply to small businesses.

Small Businesses: Alternative Method that Minimizes Adverse Impact. The proposed changes do not impose any adverse impact on small businesses.

Real Estate Development Costs. No impact on real estate development costs is expected.

Legal Mandate. The Department of Planning and Budget (DPB) has analyzed the economic impact of this proposed regulation in accordance with § 2.2-4007.04 of the Administrative Process Act and Executive Order Number 14 (10). Section 2.2-4007.04 requires that such economic impact analyses include, but need not be limited to, a determination of the public benefit, the projected number of businesses or other entities to whom the regulation would apply, the identity of any localities and types of businesses or other entities particularly affected, the projected number of persons and employment positions to be affected, the projected costs to affected businesses or entities to implement or comply with the regulation, and the impact on the use and value of private property. Further, if the proposed regulation has an adverse effect on small businesses, § 2.2-4007.04 requires that such economic impact analyses include (i) an identification and estimate of the number of small businesses subject to the regulation; (ii) the projected reporting, recordkeeping, and other administrative costs required for small businesses to comply with the regulation, including the type of professional skills necessary for preparing required reports and other documents; (iii) a statement of the probable effect of the regulation on affected small businesses; and (iv) a description of any less intrusive or less costly alternative methods of achieving the purpose of the regulation. The analysis presented above represents DPB's best estimate of these economic impacts.

Agency's Response to Economic Impact Analysis: The Board of Funeral Directors and Embalmers concurs with the analysis of the Department of Planning and Budget for amendments to 18VAC65-40, Regulations for the Funeral Service Internship Program.

Summary:

The amendments are a result of a periodic review of 18VAC65-40, Regulations for the Funeral Service Internship Program, and (i) allow the board to approve an internship in embalming in a government facility or accredited educational institution and (ii) change reporting requirements for interns from 10 days to 14 days.

Part I
General Provisions

18VAC65-40-10. Definitions

In addition to words and terms defined in § 54.1-2800 of the Code of Virginia, the following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Direct supervision" means that a licensed funeral service professional is present and on the premises of the facility.

"Supervisor" means a licensed employee at the training site who has been approved by the board to provide supervision for the funeral intern.

"Training site" means the licensed funeral establishment which, facility, or institution that has agreed to serve as the a location for a funeral service internship and has been approved by the board.

18VAC65-40-90. Renewal of registration.

A. The funeral service intern registration shall expire on March 31 of each calendar year and may be renewed by submission of the renewal notice and prescribed fee.

B. A person who fails to renew a registration by the expiration date shall be deemed to have an invalid registration. No credit will be allowed for an internship period served under an expired registration.

C. The funeral service intern is responsible for notifying the board within 14 days of any changes in name, address, employment, or supervisor. Any notices shall be validly given when mailed to the address on record with the board.

18VAC65-40-220. Qualifications of training site.

A. The board shall approve only an establishment or two combined establishments to serve as the training site or sites which that:

1. Have a full and unrestricted Virginia license;

2. Have complied in all respects with the provisions of the regulations of the Board of Funeral Directors and Embalmers; and

3. Have 50 or more funerals and 50 or more bodies for embalming over a 12-month period for each person to be trained. This total must be maintained throughout the period of training. If the establishment does not meet the required number of funerals or embalmings, the funeral service intern may seek approval for an additional training site.

B. The board may grant approval for a resident trainee to receive all or a portion of the embalming training at a facility of state or federal government or an accredited educational institution.

18VAC65-40-250. Requirements for supervision.

A. Training shall be conducted under the direct supervision of a licensee or licensees approved by the board. Credit shall only be allowed for training under direct supervision.

B. The board shall approve only funeral service licensees, licensed funeral directors, or licensed embalmers to give funeral training who have a full and unrestricted Virginia funeral license, have at least two consecutive years in practice and are employed full time in or under contract with the establishment, facility, or institution where training occurs.

C. A supervisor licensed as an embalmer or a funeral director shall provide supervision only in the areas of funeral practice for which he is licensed.

D. Failure to register as a supervisor may subject the licensee to disciplinary action by the board.

E. If a supervisor is unable or unwilling to continue providing supervision, the funeral service intern shall obtain a new supervisor. Credit for training shall resume when a new supervisor is approved by the board and the intern has paid the prescribed fee for the change of supervisor.

18VAC65-40-320. Reports to the board.

A. The intern, the supervisor or supervisors, and the establishment shall submit a written report to the board at the end of every 1,000 hours of training. The report shall:

1. Specify the period of time in which the 1,000 hours has been completed and verify that the intern has actually served in the required capacity during the preceding period; and

2. Be received in the board office no later than 10 14 days following the end of the completion of 1,000 hours. Late reports may result in additional time being added to the internship.

B. If the internship is terminated or interrupted prior to completion of 1,000 hours or if the intern is changing supervisors or training sites, the intern and the supervisor shall submit a partial report to the board with a written explanation of the cause of program termination or interruption or of the change in training or supervision.

1. The partial report shall provide the amount of time served and the dates since the last reporting period. Credit for partial reports shall be given for the number of hours of training completed.

2. Partial reports shall be received in the board office no later than 10 14 days after the interruption or termination of the internship or after the change in supervisors or training sites. Credit may be deducted for late reports.