{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/54.1-2807.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/54.1-2807.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/54.1-2807.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/54.1-2807.html"}],"law_id":73758,"edition_id":1,"section_id":73758,"structure_id":14000,"section_number":"54.1-2807","catch_line":"Other prohibited activities","history":"Code 1950, \u00a7\u00a7 54-260.50, 54-260.59; 1956, c. 220; 1972, c. 797, \u00a7 54-260.74; 1979, c. 720; 1981, c. 258; 1986, c. 91; 1988, c. 765; 1989, c. 684; 1993, c. 965; 2005, c. 905; 2010, c. 383; 2014, cc. 228, 583.","full_text":"A\n\nA person licensed for the practice of funeral service shall not (i) remove or embalm a body when he has information indicating the death was such that an investigation by the Office of the Chief Medical Examiner is required pursuant to &#xA7; 32.1-283 or 32.1-285.1 or (ii) cremate or bury at sea a body until he has obtained permission of the Office of the Chief Medical Examiner as required by &#xA7; 32.1-309.3.B\n\nExcept as provided in &#xA7; 32.1-301 and Chapter 8.1 (&#xA7; 32.1-309.1 et seq.) of Title 32.1, funeral service establishments shall not accept a dead human body from any public officer, except the Chief Medical Examiner, an Assistant Chief Medical Examiner, or a medical examiner appointed pursuant to &#xA7; 32.1-282, or from any public or private facility or person having a professional relationship with the decedent without having first inquired about the desires of the next of kin and the persons liable for the funeral expenses of the decedent. The authority and directions of any next of kin shall govern the disposal of the body, subject to the provisions of &#xA7; 54.1-2807.01 or 54.1-2825.\n\t\t\tAny funeral service establishment violating this subsection shall not charge for any service delivered without the directions of the next of kin. However, in cases of accidental or violent death, the funeral service establishment may charge and be reimbursed for the removal of bodies and rendering necessary professional services until the next of kin or the persons liable for the funeral expenses have been notified.C\n\nNo company, corporation, or association engaged in the business of paying or providing for the payment of the expenses for the care of the remains of deceased certificate holders or members or engaged in providing life insurance when the contract might or could give rise to an obligation to care for the remains of the insured shall contract to pay or pay any benefits to any licensee of the Board or other individual in a manner which could restrict the freedom of choice of the representative or next of kin of a decedent in procuring necessary and proper services and supplies for the care of the remains of the decedent.D\n\nNo person licensed for the practice of funeral service or preneed funeral planning or any of his agents shall interfere with the freedom of choice of the general public in the choice of persons or establishments for the care of human remains or of preneed funeral planning or preneed funeral contracts.E\n\nThis section shall not be construed to apply to the authority of any administrator, executor, trustee, or other person having a fiduciary relationship with the decedent.","order_by":null,"text":{"0":{"id":265247,"text":"A person licensed for the practice of funeral service shall not (i) remove or embalm a body when he has information indicating the death was such that an investigation by the Office of the Chief Medical Examiner is required pursuant to &#xA7; 32.1-283 or 32.1-285.1 or (ii) cremate or bury at sea a body until he has obtained permission of the Office of the Chief Medical Examiner as required by &#xA7; 32.1-309.3.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":265248,"text":"Except as provided in &#xA7; 32.1-301 and Chapter 8.1 (&#xA7; 32.1-309.1 et seq.) of Title 32.1, funeral service establishments shall not accept a dead human body from any public officer, except the Chief Medical Examiner, an Assistant Chief Medical Examiner, or a medical examiner appointed pursuant to &#xA7; 32.1-282, or from any public or private facility or person having a professional relationship with the decedent without having first inquired about the desires of the next of kin and the persons liable for the funeral expenses of the decedent. The authority and directions of any next of kin shall govern the disposal of the body, subject to the provisions of &#xA7; 54.1-2807.01 or 54.1-2825.\n\t\t\tAny funeral service establishment violating this subsection shall not charge for any service delivered without the directions of the next of kin. However, in cases of accidental or violent death, the funeral service establishment may charge and be reimbursed for the removal of bodies and rendering necessary professional services until the next of kin or the persons liable for the funeral expenses have been notified.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":265249,"text":"No company, corporation, or association engaged in the business of paying or providing for the payment of the expenses for the care of the remains of deceased certificate holders or members or engaged in providing life insurance when the contract might or could give rise to an obligation to care for the remains of the insured shall contract to pay or pay any benefits to any licensee of the Board or other individual in a manner which could restrict the freedom of choice of the representative or next of kin of a decedent in procuring necessary and proper services and supplies for the care of the remains of the decedent.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":265250,"text":"No person licensed for the practice of funeral service or preneed funeral planning or any of his agents shall interfere with the freedom of choice of the general public in the choice of persons or establishments for the care of human remains or of preneed funeral planning or preneed funeral contracts.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":265251,"text":"This section shall not be construed to apply to the authority of any administrator, executor, trustee, or other person having a fiduciary relationship with the decedent.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"ancestry":[{"id":14000,"edition_id":1,"name":"Board of Funeral Directors and Embalmers","identifier":"1","label":"article","depth":4,"order_by":1,"parent_id":13923,"metadata":{},"date_created":"2026-06-26 03:46:34","date_modified":"2026-06-26 03:46:34","permalink":{"id":241755,"object_type":"structure","relational_id":14000,"identifier":"1","token":"54.1\/III\/28\/1","url":"\/54.1\/III\/28\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13923,"edition_id":1,"name":"Funeral Services","identifier":"28","label":"chapter","depth":3,"order_by":1,"parent_id":12758,"metadata":{},"date_created":"2026-06-26 03:46:19","date_modified":"2026-06-26 03:46:19","permalink":{"id":241753,"object_type":"structure","relational_id":13923,"identifier":"28","token":"54.1\/III\/28","url":"\/54.1\/III\/28\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12758,"edition_id":1,"name":"Professions and Occupations Regulated by Boards Within the Department of Health Professions","identifier":"III","label":"subtitle","depth":2,"order_by":1,"parent_id":12754,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":241105,"object_type":"structure","relational_id":12758,"identifier":"III","token":"54.1\/III","url":"\/54.1\/III\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12754,"edition_id":1,"name":"Professions and Occupations","identifier":"54.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":239313,"object_type":"structure","relational_id":12754,"identifier":"54.1","token":"54.1","url":"\/54.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":76263,"structure_id":14000,"section_number":"54.1-2800","catch_line":"Definitions","url":"\/54.1-2800\/","token":"54.1\/III\/28\/1\/54.1-2800","metadata":false},{"id":56302,"structure_id":14000,"section_number":"54.1-2801","catch_line":"Exemptions","url":"\/54.1-2801\/","token":"54.1\/III\/28\/1\/54.1-2801","metadata":false},{"id":60746,"structure_id":14000,"section_number":"54.1-2802","catch_line":"Board; appointment; terms; vacancies; meetings; quorum","url":"\/54.1-2802\/","token":"54.1\/III\/28\/1\/54.1-2802","metadata":false},{"id":73998,"structure_id":14000,"section_number":"54.1-2803","catch_line":"Specific powers and duties of Board","url":"\/54.1-2803\/","token":"54.1\/III\/28\/1\/54.1-2803","metadata":false},{"id":64045,"structure_id":14000,"section_number":"54.1-2804","catch_line":"Licensing authority","url":"\/54.1-2804\/","token":"54.1\/III\/28\/1\/54.1-2804","metadata":false},{"id":84677,"structure_id":14000,"section_number":"54.1-2805","catch_line":"Engaging in the practice of funeral services or the business of preneed funeral planning or acting as a funeral director or embalmer without a license","url":"\/54.1-2805\/","token":"54.1\/III\/28\/1\/54.1-2805","metadata":false},{"id":65511,"structure_id":14000,"section_number":"54.1-2806","catch_line":"Refusal, suspension, or revocation of license, registration, or courtesy card","url":"\/54.1-2806\/","token":"54.1\/III\/28\/1\/54.1-2806","metadata":false},{"id":73758,"structure_id":14000,"section_number":"54.1-2807","catch_line":"Other prohibited activities","url":"\/54.1-2807\/","token":"54.1\/III\/28\/1\/54.1-2807","metadata":false},{"id":57356,"structure_id":14000,"section_number":"54.1-2807.01","catch_line":"When next of kin disagree","url":"\/54.1-2807.01\/","token":"54.1\/III\/28\/1\/54.1-2807.01","metadata":false},{"id":75008,"structure_id":14000,"section_number":"54.1-2807.02","catch_line":"Absence of next of kin","url":"\/54.1-2807.02\/","token":"54.1\/III\/28\/1\/54.1-2807.02","metadata":false},{"id":79482,"structure_id":14000,"section_number":"54.1-2807.03","catch_line":"Proof of next of kin status","url":"\/54.1-2807.03\/","token":"54.1\/III\/28\/1\/54.1-2807.03","metadata":false},{"id":72647,"structure_id":14000,"section_number":"54.1-2807.1","catch_line":"Confidentiality of information on infectious diseases","url":"\/54.1-2807.1\/","token":"54.1\/III\/28\/1\/54.1-2807.1","metadata":false},{"id":55082,"structure_id":14000,"section_number":"54.1-2808","catch_line":"Repealed","url":"\/54.1-2808\/","token":"54.1\/III\/28\/1\/54.1-2808","metadata":false},{"id":79091,"structure_id":14000,"section_number":"54.1-2808.1","catch_line":"Disposition of cremains","url":"\/54.1-2808.1\/","token":"54.1\/III\/28\/1\/54.1-2808.1","metadata":false},{"id":59456,"structure_id":14000,"section_number":"54.1-2808.2","catch_line":"Identification of unclaimed cremains of veterans and eligible dependents","url":"\/54.1-2808.2\/","token":"54.1\/III\/28\/1\/54.1-2808.2","metadata":false},{"id":74092,"structure_id":14000,"section_number":"54.1-2808.3","catch_line":"Acceptance of third-party-provided caskets","url":"\/54.1-2808.3\/","token":"54.1\/III\/28\/1\/54.1-2808.3","metadata":false},{"id":81802,"structure_id":14000,"section_number":"54.1-2809","catch_line":"Penalties","url":"\/54.1-2809\/","token":"54.1\/III\/28\/1\/54.1-2809","metadata":false}],"previous_section":{"id":65511,"structure_id":14000,"section_number":"54.1-2806","catch_line":"Refusal, suspension, or revocation of license, registration, or courtesy card","url":"\/54.1-2806\/","token":"54.1\/III\/28\/1\/54.1-2806","metadata":false},"next_section":{"id":57356,"structure_id":14000,"section_number":"54.1-2807.01","catch_line":"When next of kin disagree","url":"\/54.1-2807.01\/","token":"54.1\/III\/28\/1\/54.1-2807.01","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/54.1-2807\/","history_text":"<p>The record of this law\u2019s original creation isn\u2019t available online. It has been modified 11 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1956, chapter 220; in 1972, chapter 797; in 1979, chapter 720; in 1981, chapter 258; in 1986, chapter 91; in 1988, chapter 765; in 1989, chapter 684; in 1993, chapter 965; in 2005, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?051+ful+CHAP0905\">905<\/a>; in 2010, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?101+ful+CHAP0383\">383<\/a>; in 2014, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?141+ful+CHAP0228\">228<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?141+ful+CHAP0583\">583<\/a>.<\/p>","references":false,"refers_to":[{"id":65973,"section_number":"32.1-282","catch_line":"Medical examiners","order_by":null,"url":"\/32.1-282\/"},{"id":84193,"section_number":"32.1-283","catch_line":"Investigation of deaths; obtaining consent to removal of organs, etc.; fees","order_by":null,"url":"\/32.1-283\/"},{"id":70536,"section_number":"32.1-285.1","catch_line":"Death of infants under eighteen months of age; autopsies required; definition of Sudden Infant Death Syndrome","order_by":null,"url":"\/32.1-285.1\/"},{"id":68947,"section_number":"32.1-301","catch_line":"Burial, cremation, or return of bodies after scientific study","order_by":null,"url":"\/32.1-301\/"},{"id":60700,"section_number":"32.1-309.1","catch_line":"Identification of decedent, next of kin; disposition of claimed dead body","order_by":null,"url":"\/32.1-309.1\/"},{"id":57356,"section_number":"54.1-2807.01","catch_line":"When next of kin disagree","order_by":null,"url":"\/54.1-2807.01\/"},{"id":84076,"section_number":"54.1-2825","catch_line":"Person to make arrangements for funeral and disposition of remains","order_by":null,"url":"\/54.1-2825\/"}],"permalink":{"id":241785,"object_type":"law","relational_id":73758,"identifier":"54.1-2807","token":"54.1\/III\/28\/1\/54.1-2807","url":"\/54.1-2807\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/54.1-2807\/","token":"54.1\/III\/28\/1\/54.1-2807","dublin_core":{"Title":"Other prohibited activities","Type":"Text","Format":"text\/html","Identifier":"\u00a7 54.1-2807","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"A\"><p><span class=\"prefix-number\">A.<\/span> A person licensed for the practice of funeral service shall not (i) remove or embalm a body when he has information indicating the death was such that an investigation by the Office of the Chief Medical Examiner is required pursuant to &#xA7; <a class=\"law\" title=\"Investigation of deaths; obtaining consent to removal of organs, etc.; fees\" href=\"\/32.1-283\/\">32.1-283<\/a> or <a class=\"law\" title=\"Death of infants under eighteen months of age; autopsies required; definition of Sudden Infant Death Syndrome\" href=\"\/32.1-285.1\/\">32.1-285.1<\/a> or (ii) <span class=\"dictionary\">cremate<\/span> or bury at sea a body until he has obtained permission of the Office of the Chief Medical Examiner as required by &#xA7; <a class=\"law\" title=\"Cremations and burials at sea\" href=\"\/32.1-309.3\/\">32.1-309.3<\/a>. <a id=\"paragraph-265247\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/54.1-2807\/#A\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B\"><p><span class=\"prefix-number\">B.<\/span> Except as provided in &#xA7; <a class=\"law\" title=\"Burial, cremation, or return of bodies after scientific study\" href=\"\/32.1-301\/\">32.1-301<\/a> and Chapter 8.1 (&#xA7; <a class=\"law\" title=\"Identification of decedent, next of kin; disposition of claimed dead body\" href=\"\/32.1-309.1\/\">32.1-309.1<\/a> et seq.) of Title 32.1, <span class=\"dictionary\">funeral service establishments<\/span> shall not accept a dead human body from any public officer, except the Chief Medical Examiner, an Assistant Chief Medical Examiner, or a medical examiner appointed pursuant to &#xA7; <a class=\"law\" title=\"Medical examiners\" href=\"\/32.1-282\/\">32.1-282<\/a>, or from any public or private facility or person having a professional relationship with the decedent without having first inquired about the desires of the <span class=\"dictionary\">next of kin<\/span> and the persons liable for the funeral expenses of the decedent. The authority and directions of any <span class=\"dictionary\">next of kin<\/span> shall govern the disposal of the body, subject to the provisions of &#xA7; <a class=\"law\" title=\"When next of kin disagree\" href=\"\/54.1-2807.01\/\">54.1-2807.01<\/a> or <a class=\"law\" title=\"Person to make arrangements for funeral and disposition of remains\" href=\"\/54.1-2825\/\">54.1-2825<\/a>.\n\t\t\tAny <span class=\"dictionary\">funeral service establishment<\/span> violating this subsection shall not charge for any service delivered without the directions of the <span class=\"dictionary\">next of kin<\/span>. However, in cases of accidental or violent death, the <span class=\"dictionary\">funeral service establishment<\/span> may charge and be reimbursed for the removal of bodies and rendering necessary professional services until the <span class=\"dictionary\">next of kin<\/span> or the persons liable for the funeral expenses have been notified. <a id=\"paragraph-265248\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/54.1-2807\/#B\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C\"><p><span class=\"prefix-number\">C.<\/span> No company, corporation, or association engaged in the business of paying or providing for the payment of the expenses for the care of the remains of deceased certificate holders or members or engaged in providing life insurance when the <span class=\"dictionary\">contract<\/span> might or could give rise to an obligation to care for the remains of the insured shall <span class=\"dictionary\">contract<\/span> to pay or pay any benefits to any licensee of the <span class=\"dictionary\">Board<\/span> or other individual in a manner which could restrict the freedom of choice of the representative or <span class=\"dictionary\">next of kin<\/span> of a decedent in procuring necessary and proper services and supplies for the care of the remains of the decedent. <a id=\"paragraph-265249\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/54.1-2807\/#C\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"D\"><p><span class=\"prefix-number\">D.<\/span> No person licensed for the practice of funeral service or <span class=\"dictionary\">preneed funeral planning<\/span> or any of his agents shall interfere with the freedom of choice of the general public in the choice of persons or establishments for the care of human remains or of <span class=\"dictionary\">preneed funeral planning<\/span> or <span class=\"dictionary\">preneed funeral contracts<\/span>. <a id=\"paragraph-265250\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/54.1-2807\/#D\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"E\"><p><span class=\"prefix-number\">E.<\/span> This section shall not be construed to apply to the authority of any administrator, executor, trustee, or other person having a fiduciary relationship with the decedent. <a id=\"paragraph-265251\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/54.1-2807\/#E\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nOTHER PROHIBITED ACTIVITIES (\u00a7 54.1-2807)\n\nA. A person licensed for the practice of funeral service shall not (i) remove or\nembalm a body when he has information indicating the death was such that an\ninvestigation by the Office of the Chief Medical Examiner is required pursuant\nto &#xA7; 32.1-283 or 32.1-285.1 or (ii) cremate or bury at sea a body until he\nhas obtained permission of the Office of the Chief Medical Examiner as required\nby &#xA7; 32.1-309.3.\n\nB. Except as provided in &#xA7; 32.1-301 and Chapter 8.1 (&#xA7; 32.1-309.1 et\nseq.) of Title 32.1, funeral service establishments shall not accept a dead\nhuman body from any public officer, except the Chief Medical Examiner, an\nAssistant Chief Medical Examiner, or a medical examiner appointed pursuant to\n&#xA7; 32.1-282, or from any public or private facility or person having a\nprofessional relationship with the decedent without having first inquired about\nthe desires of the next of kin and the persons liable for the funeral expenses\nof the decedent. The authority and directions of any next of kin shall govern\nthe disposal of the body, subject to the provisions of &#xA7; 54.1-2807.01 or\n54.1-2825.\n\t\t\tAny funeral service establishment violating this subsection shall not charge\nfor any service delivered without the directions of the next of kin. However, in\ncases of accidental or violent death, the funeral service establishment may\ncharge and be reimbursed for the removal of bodies and rendering necessary\nprofessional services until the next of kin or the persons liable for the\nfuneral expenses have been notified.\n\nC. No company, corporation, or association engaged in the business of paying or\nproviding for the payment of the expenses for the care of the remains of\ndeceased certificate holders or members or engaged in providing life insurance\nwhen the contract might or could give rise to an obligation to care for the\nremains of the insured shall contract to pay or pay any benefits to any licensee\nof the Board or other individual in a manner which could restrict the freedom of\nchoice of the representative or next of kin of a decedent in procuring necessary\nand proper services and supplies for the care of the remains of the decedent.\n\nD. No person licensed for the practice of funeral service or preneed funeral\nplanning or any of his agents shall interfere with the freedom of choice of the\ngeneral public in the choice of persons or establishments for the care of human\nremains or of preneed funeral planning or preneed funeral contracts.\n\nE. This section shall not be construed to apply to the authority of any\nadministrator, executor, trustee, or other person having a fiduciary\nrelationship with the decedent.\n\nHISTORY: Code 1950, \u00a7\u00a7 54-260.50, 54-260.59; 1956, c. 220; 1972, c. 797, \u00a7\n54-260.74; 1979, c. 720; 1981, c. 258; 1986, c. 91; 1988, c. 765; 1989, c. 684;\n1993, c. 965; 2005, c. 905; 2010, c. 383; 2014, cc. 228, 583.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}