Bill Text: WV HB4075 | 2020 | Regular Session | Introduced
Bill Title: Allowing a funeral service licensee to solicit business whether after death or while death is impending
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2020-01-09 - To House Government Organization [HB4075 Detail]
Download: West_Virginia-2020-HB4075-Introduced.html
WEST virginia legislature
2020 regular session
Introduced
House Bill 4075
By Delegate J. Jeffries
[Introduced January 09, 2020; Referred to the Committee on Government Organization]
A BILL to amend and reenact §30-6-23 of the Code of West Virginia,1931, as amended; and to amend and reenact §47-14-10 of said code, all relating to allowing a funeral service licensee only to solicit business whether such solicitation occurs after death or while death is pending and to solicit business by telephone call or visit to a personal residence.
Be it enacted by the Legislature of West Virginia:
CHAPTER 30. PROFESSIONS AND OCCUPATIONS.
ARTICLE 6. BOARD OF FUNERAL SERVICE EXAMINERS.
§30-6-23. Refusal to issue or renew, suspension or revocation of license; disciplinary action.
(a) The board may refuse to renew, suspend, revoke, or limit any license, certificate, or registration or practice privilege of a licensee, or certificate or registration holder, and may take disciplinary action against a licensee, or certificate or registration holder, after a hearing. The board may refuse to issue, refuse to renew, suspend, revoke, or limit any license, certificate, or registration or practice privilege of a licensee, or certificate or registration holder for any of the following reasons:
(1) Fraud or deceit in obtaining or maintaining a license;
(2) Failure by any licensee, or certificate or registration holder to maintain compliance with requirements for issuance or renewal of a license, certificate, or registration, or to timely notify the board as required in this article;
(3) Dishonesty, fraud, professional negligence in the performance of services, or a willful departure from accepted standards and professional conduct;
(4) Violation of any provision of this article or any rule, including the violation of any professional standard or rule of professional conduct, or public health laws;
(5) Conviction of a felony or any crime of which dishonesty or fraud under the laws of the United States or this state, or conviction of any similar crime under the laws of any other state if the underlying act or omission involved would have constituted a crime under the laws of this state;
(6) Any conduct adversely affecting upon the licensees, or certificate or registration holders fitness to perform professional services;
(7) The use of false, misleading, or unethical advertising by any licensee, or certificate or registration holder, or applicant for a license or certificate of registration;
(8) Upon satisfactory proof that a licensed embalmer, a licensed funeral director, or a certified crematory operator has taken undue advantage of his or her patrons or has committed a fraudulent act in the conduct of business;
(9) Solicitation of business by the funeral service
licensee, or certificate or registration holder, or any agents, assistants
or employees whether such solicitation occurs after death or while death is
impending, as specified by the board: Provided, That this subdivision
does not prohibit proper advertising;
(10) If a licensee, or certificate or registration holder, knowingly permits a person not licensed, not certified, or not registered to engage in the profession of embalming, funeral directing, or cremation;
(11) If a licensee, or certificate or registration holder, knowingly permits a person not licensed, not certified, or not registered to use his or her license number or numbers for the purpose of practicing, or discharging any of the duties of, the professions of embalming, funeral directing, or cremation;
(12) Employment by the licensee of persons as cappers, steerers or solicitors, or other such persons to obtain funeral or cremation business;
(13) Employment, directly or indirectly, of any apprentice, agent, assistant, embalmer, employee, or other person, on part or full time, or on commission, for the purpose of calling upon individuals or institutions by whose influence dead human bodies may be turned over to a particular funeral director, funeral establishment, or crematory;
(14) The buying of business by the licensee, or certificate or registration holder, or any agents, assistants, or employees, or the direct or indirect payment or offer of payment of a commission by the licensee, or certificate or registration holder, or any agent, assistants, or employees, for the purpose of securing business;
(15) Gross immorality; and
(16) Chronic or persistent inebriety or addiction to alcohol, narcotics, or other substance.
(b) If the board suspends, revokes, refuses to renew, or limits any license, certificate, or registration or practice privilege, the board shall give written notice of the action, including a statement of charges setting forth the reasons for the action, and notice of the date, time, and place for a hearing. The hearing shall be held in accordance with the provisions of this article.
(c) Disciplinary action includes, but is not limited to, a reprimand, censure, probation, suspension of license, administrative fine not to exceed $1,000 per day per violation, and mandatory attendance at continuing education seminars.
CHAPTER 47. REGULATION OF TRADE.
ARTICLE 14. PRENEED FUNERAL CONTRACTS.
§47-14-10. Solicitation.
(a) Any contract seller or agent or employee or person acting in behalf of any such person may not:
(1) Directly or indirectly call upon individuals or persons in hospitals, rest homes, nursing homes, or similar institutions for the purpose of soliciting preneed funeral contracts or making funeral or final disposition arrangements without first having been specifically requested by such person to do so;
(2) Directly or indirectly employ any agent, assistant, employee, independent contracting person, or any other person to call upon individuals or persons in hospitals, rest homes, nursing homes, or similar institutions for the purpose of soliciting preneed funeral contracts or making funeral or final disposition arrangements without first having been specifically requested by such person to do so;
(3) Solicit relatives of persons whose death is apparently pending or whose death has recently occurred for the purpose of providing funeral services, final disposition, burial or funeral goods for such person;
(4) Solicit or accept or pay any consideration for recommending or causing a dead human body to be provided funeral services and funeral and burial goods by specific persons or the services of a specific crematory, mausoleum, or cemetery except where such arrangement is the subject of a preneed funeral contract;
(5) Except by a funeral service licensee solicit by telephone call or by visit to a personal residence, unless such solicitation has been previously requested by the person solicited or by a family member residing at such residence.
(b) Notwithstanding any other provision of law to the contrary, nothing in this article shall be construed to restrict the right of a person to lawfully advertise, to use direct mail or otherwise communicate in a manner not within the above prohibition of solicitation or to solicit the business of anyone responding to such communication or otherwise initiating discussion of the goods or services being offered.
(c) Nothing herein shall be construed to prohibit general advertising.
(d) Anyone making a personal or written solicitation for a preneed funeral contract shall, at the very first instance, divulge the real reason for the contract or solicitation.
(e) The division may promulgate legislative rules regulating the solicitation of preneed contracts by certificate holders or registrants to protect the public from solicitation practices which utilize undue influence or which take undue advantage of a persons ignorance or emotional vulnerability.
NOTE: The purpose of this bill is to allow a funeral service licensee to solicit business whether after death or while death is impending and to solicit by telephone call or by visit to a personal residence.
Strike-throughs indicate language that would be stricken from a heading or the present law, and underscoring indicates new language that would be added.
