TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING

BOARD OF FUNERAL DIRECTORS
AND EMBALMERS

Agency Decision

Title of Regulation: 18VAC65-20. Regulations of the Board of Funeral Directors and Embalmers.

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

Name of Petitioner: Ross Miller.

Nature of Petitioner's Request: For the board to establish clear processes and guidance for the compelling disclosure of information when a board investigation identifies potential Class 1 misdemeanors.

Agency Decision: Request denied.

Statement of Reason for Decision: At its meeting on April 16, 2019, the board considered the petition and the petitioner's comment in support posted on the Virginia Regulatory Town Hall. Information was presented about a bill that was passed in the 2019 Session of the General Assembly that authorizes the Department of Health Professions to disclose investigative information to state or federal law enforcement if it is found in the course of an investigation of a funeral service licensee or establishment that there may have been a violation of state or federal law. That legislation (Chapter 663 of the 2019 Acts of Assembly) will become effective on July 1, 2019. Since it appears that the change in Virginia law addresses the petition, the board decided not to initiate rulemaking.

Agency Contact: Elaine J. Yeatts, Department of Health Professions, 9960 Mayland Drive, Suite 300, Richmond, VA 23233, telephone (804) 367-4479, or email elaine.yeatts@dhp.virginia.gov.

VA.R. Doc. No. R19-24; Filed April 16, 2019, 3:46 p.m.