Title of Regulation: 18VAC65-20. Regulations of the Board of Funeral Directors and Embalmers (amending 18VAC65-20-151).

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

Public Hearing Information:

January 16, 2018 - 10:10 a.m. - Department of Health Professions, Perimeter Center, 9960 Mayland Drive, Suite 201, Henrico, VA 23233-1463

Public Comment Deadline: March 9, 2018.

Agency Contact: Corie Tillman Wolf, Executive Director, Board of Funeral Directors and Embalmers, 9960 Mayland Drive, Suite 300, Richmond, VA 23233, telephone (804) 367-4479, FAX (804) 527-4471, or email fanbd@dhp.virginia.gov.

Basis: Regulations of the Board of Funeral Directors and Embalmers are promulgated under the general authority of § 54.1-2400 of the Code of Virginia, which provides the board with authority to promulgate regulations to administer the regulatory system. Specific regulations for continuing education requirements are found in § 54.1-2816.1 of the Code of Virginia.

Purpose: At a recent meeting of the International Conference of Funeral Service Examining Boards, it was reported that other states have adopted such a regulation and found it to be beneficial to practitioners. Attendance at board meetings or disciplinary hearings gives a licensee the perspective of issues facing funeral service and actions that may be deemed unethical or unprofessional. Ultimately, the additional education has the benefit of protecting the public health, safety, and welfare by encouraging practice in accordance with law and regulation.

Substance: The board amended 18VAC65-20-151 by offering one hour of continuing education credit every other year for attendance at a meeting of the board or a committee of the board or at an informal conference or formal hearing. In the year the one hour of credit would be granted, it could meet the statutory requirement for "one hour per year covering compliance with federal or state laws and regulations governing the profession" as required in § 54.1-2816.1 of the Code of Virginia.

Issues: The primary advantage of the amendments to the public is assurance that funeral service licensees are aware of their ethical and legal responsibilities. There are no disadvantages to the public. There are no advantages or disadvantages to the Commonwealth.

Department of Planning and Budget's Economic Impact Analysis:

Summary of the Proposed Amendments to Regulation. The Board of Funeral Directors and Embalmers (Board) proposes to allow attendance at a meeting of the Board or a committee of the Board or at an informal conference or formal hearing to satisfy part of funeral service licensees, funeral directors and funeral embalmers license renewal requirements every other year.

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

Estimated Economic Impact. The Regulations of the Board of Funeral Directors and Embalmers require that funeral service licensees, funeral directors and funeral embalmers complete a minimum of five hours per year of continuing education offered by a board-approved sponsor for license renewal in courses that emphasize the ethics, standards of practice, preneed contracts and funding, or federal or state laws and regulations governing the profession of funeral service. One hour per year must cover compliance with laws and regulations governing the profession. The Board proposes to allow that the one-hour requirement on compliance with laws and regulations be met once every two years by attendance at a meeting of the Board or a committee of the Board or at an informal conference or formal hearing.

According to the Department of Health Professions, at a recent meeting of the International Conference of Funeral Service Examining Boards it was reported that other states have adopted such a regulation and found it to be beneficial to practitioners. Attendance at board meetings or disciplinary hearings gives a licensee the perspective of issues facing funeral service and actions that may be deemed unethical or unprofessional.

Businesses and Entities Affected. The proposed amendment directly applies to the 1,616 funeral service licensees, 2 licensed embalmers, and 49 licensed funeral directors in the Commonwealth,¹ and indirectly affects the 349 funeral homes in Virginia.² All funeral homes would qualify as small businesses.

Localities Particularly Affected. The proposed amendment does not disproportionately affect particular localities.

Projected Impact on Employment. The proposed amendment does not significantly affect employment.

Effects on the Use and Value of Private Property. The proposed amendment does not significantly affect the use and value of private property.

Real Estate Development Costs. The proposed amendment does not affect real estate development costs.

Small Businesses:

Definition. Pursuant to § 2.2-4007.04 of the Code of Virginia, small business is defined as "a business entity, including its affiliates, that (i) is independently owned and operated and (ii) employs fewer than 500 full-time employees or has gross annual sales of less than $6 million."

Costs and Other Effects. The proposed amendment does not significantly affect costs for small businesses.

Alternative Method that Minimizes Adverse Impact. The proposed amendment does not adversely affect small businesses.

Adverse Impacts.

Businesses. The proposed amendment does not adversely affect businesses.

Localities. The proposed amendment does not adversely affect localities.

Other Entities. The proposed amendment does not adversely affect other entities.

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¹Licensure data source: Department of Health Professions

²Firm data source: Virginia Employment Commission

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.

Summary:

The proposed amendment allows for one hour of continuing education (CE) credit every other year for attending a meeting of the board or a committee of the board or an informal conference or formal hearing to fulfill the requirement for one hour of CE covering compliance with federal or state laws and regulations governing the profession.

18VAC65-20-151. Continued competency requirements for renewal of an active license.

A. Funeral service licensees, funeral directors or funeral embalmers shall be required to have completed a minimum of five hours per year of continuing education offered by a board-approved sponsor for licensure renewal in courses that emphasize the ethics, standards of practice, preneed contracts and funding, or federal or state laws and regulations governing the profession of funeral service.

1. One hour per year shall cover compliance with laws and regulations governing the profession, and at least one hour per year shall cover preneed funeral arrangements. The one-hour requirement on compliance with laws and regulations may be met once every two years by attendance at a meeting of the board or at a committee of the board or an informal conference or formal hearing.

2. One hour of the five hours required for annual renewal may be satisfied through delivery of professional services, without compensation, to low-income individuals receiving health services through a local health department or a free clinic organized in whole or primarily for the delivery of those services. One hour of continuing education may be credited for one hour of providing such volunteer services, as documented by the health department or free clinic. For the purposes of continuing education credit for volunteer service, an approved sponsor shall be a local health department or free clinic.

B. Courses must be directly related to the scope of practice of funeral service. Courses for which the principal purpose is to promote, sell or offer goods, products or services to funeral homes are not acceptable for the purpose of credit toward renewal.

C. The board may grant an extension for good cause of up to one year for the completion of continuing education requirements upon written request from the licensee prior to the renewal date. Such extension shall not relieve the licensee of the continuing education requirement.

D. The board may grant an exemption for all or part of the continuing education requirements for one renewal cycle due to circumstances determined by the board to be beyond the control of the licensee.