Titles of Regulations: 18VAC65-20. Regulations of the Board of Funeral Directors and Embalmers (amending 18VAC65-20-70, 18VAC65-20-154).

18VAC65-40. Regulations for the Funeral Service Internship Program (amending 18VAC65-40-40).

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

Effective Date: January 14, 2015.

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

Summary:

The amendments increase almost all fees charged to applicants, registrants, and licensees regulated by the Board of Funeral Directors and Embalmers. Renewal fees for funeral service licensees will increase to $225 and for funeral establishments to $400. Application fees, reinstatement fees, and late fees will increase. The fee for initial registration of a funeral service internship will increase to $150, and the renewal fee will increase to $125.

In the adoption of final regulations, a shortfall reduction assessment was added to the renewal fees due in 2015 and 2016. For funeral service providers, funeral directors, embalmers, and crematories, the assessment is $40; for funeral establishments and continuing education providers, the assessment is $75; and for surface transportation and removal services and courtesy card holders, the assessment is $60.

Summary of Public Comments and Agency's Response: No public comments were received by the promulgating agency.

18VAC65-20-70. Required fees.

A. The following fees shall apply for initial licensure or registration:

1. License to practice funeral service or as a funeral director or an embalmer	$275 $325
2. Funeral service establishment license	$500 $600
3. Surface transportation and removal service registration	$300 $325
4. Courtesy card	$275 $325
5. Crematory	$200 $250
6. Waiver of full-time manager requirement	$150

B. The following fees shall apply for renewal of licensure or registration:

1. License to practice funeral service or as a funeral director or an embalmer	$175 $225
2. Funeral service establishment license	$300 $400
3. Surface transportation and removal service registration	$250 $300
4. Courtesy card	$275 $300
5. Crematory	$150 $200
6. Waiver of full-time manager requirement	$100

C. The following fees shall apply for late renewal of licensure or registration up to one year following expiration:

1. License to practice funeral service or as a funeral director or an embalmer	$60 $75
2. Funeral service establishment license	$100 $135
3. Surface transportation and removal service registration	$85 $100
4. Courtesy card	$90 $100
5. Crematory	$50 $75
6. Waiver of full-time manager requirement	$35

D. The following fees shall apply for reinstatement of licensure or registration:

1. License to practice funeral service or as a funeral director or an embalmer	$275 $400
2. Establishment license	$500 $635
3. Surface transportation and removal service registration	$350 $425
4. Courtesy card	$275 $425
5. Crematory	$225 $275
6. Reinstatement following suspension	$500 $1,000
7. Reinstatement following revocation	$1,000 $2,000

E. Other fees.

1. Change of manager or establishment name	$75 $100
2. Verification of license or registration to another state	$50
3. Duplicate license, registration, or courtesy card	$15 $25
4. Duplicate wall certificates	$60
5. Change of ownership	$100
6. Nonroutine reinspection (i.e., structural change to preparation room, change of location or ownership)	$300 $400

F. Fees for approval of continuing education providers.

1. Application or renewal for continuing education provider	$300 $400
2. Late renewal of continuing education provider approval	$100
3. Review of additional courses not included on initial or renewal application	$300

[ G. For each renewal in the two years after January 14, 2015, the following shortfall reduction fee shall be assessed:

1. License to practice funeral service or as a funeral director or an embalmer	$40
2. Funeral service establishment license	$75
3. Surface transportation and removal service registration	$60
4. Courtesy card	$60
5. Crematory 6. Continuing education provider	$40 $75 ]

18VAC65-20-154. Inactive license.

A. A funeral service licensee, funeral director, or embalmer who holds a current, unrestricted license in Virginia shall, upon a request for inactive status on the renewal application and submission of the required renewal fee of $90 $115, be issued an inactive license. The fee for late renewal up to one year following expiration of an inactive license shall be $30 $40.

1. An inactive licensee shall not be entitled to perform any act requiring a license to practice funeral service in Virginia.

2. The holder of an inactive license shall not be required to meet continuing education requirements, except as may be required for reactivation in subsection B of this section.

B. A funeral service licensee, funeral director, or embalmer who holds an inactive license may reactivate his license by:

1. Paying the difference between the renewal fee for an inactive license and that of an active license for the year in which the license is being reactivated; and

2. Providing proof of completion of the number of continuing competency hours required for the period in which the license has been inactive, not to exceed three years.

18VAC65-40-40. Fees.

A. The following fees shall be paid as applicable for registration:

1. Funeral service intern registration, reinstatement or renewal	$100 $150
2. Funeral service intern renewal	$125
2. 3. Late fee for renewal up to one year after expiration	$35 $45
3. 4. Duplicate copy of intern registration	$25
4. 5. Returned check	$35
5. 6. Registration of supervisor	$25 $35
6. 7. Change of supervisor	$25 $35
7. 8. Reinstatement fee	$170 $195

B. Fees shall be made payable to the Treasurer of Virginia and shall not be refundable once submitted.