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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>75535</law_id><section_number>54.1-2810</section_number><catch_line>Licensure of funeral establishments</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><referred_to_by><reference>54.1-2814.1</reference></referred_to_by><structure><unit label="title" level="1" order_by="1" identifier="54.1">Professions and Occupations</unit><unit label="subtitle" level="2" order_by="1" identifier="III">Professions and Occupations Regulated by Boards Within the Department of Health Professions</unit><unit label="chapter" level="3" order_by="1" identifier="28">Funeral Services</unit><unit label="article" level="4" order_by="1" identifier="2">Licensure of Funeral Establishments</unit></structure><text>
						<section><p>No person shall conduct, maintain, manage or operate a funeral establishment unless a license for each such establishment has been issued by the <span class="dictionary">Board</span>. No license to operate a funeral establishment shall be issued by the <span class="dictionary">Board</span> unless each such funeral establishment has in charge, full time, a person licensed for the practice of funeral service or a licensed <span class="dictionary">funeral director</span>. Applications for funeral establishment licenses shall be made on forms furnished by the <span class="dictionary">Board</span> and filed by the owner or the registered agent of the corporation with the <span class="dictionary">Board</span>.
		Each funeral establishment license shall expire annually at a time prescribed by <span class="dictionary">Board</span> regulation. A license may be renewed within 30 days of its expiration. Upon expiration of the license, the <span class="dictionary">Board</span> shall notify each licensee of the provisions of this section. Renewal of a license after the expiration of the 30-day period shall be in the discretion of the <span class="dictionary">Board</span>.
		Violations of any provisions of this chapter or any <span class="dictionary">Board</span> regulations by any person, or an officer, agent or employee with the knowledge or consent of any person operating a funeral establishment shall be considered sufficient cause for suspension or <span class="dictionary">revocation</span> of the funeral establishment license.
		An operator of a funeral establishment shall not allow any person licensed for the practice of funeral service to operate out of his funeral establishment unless the licensee is the operator or an employee of the operator of a licensed funeral establishment.
		If the manager of the <span class="dictionary">funeral service establishment</span> is unable, for any reason, to exercise adequate supervision, direction, management, and control of the funeral establishment, the owner shall designate any <span class="dictionary">funeral service licensee</span> to serve as a temporary manager and notify the <span class="dictionary">Board</span> in writing within 14 days. If such inability of the manager exceeds 90 days or is expected to exceed 90 days, a new manager shall be designated and registered with the <span class="dictionary">Board</span>. At the conclusion of the 90-day period for designation of a new manager, a <span class="dictionary">funeral service establishment</span> which has failed to designate a new manager shall not operate as a <span class="dictionary">funeral service establishment</span>.
		When licensing funeral establishments, the <span class="dictionary">Board</span> may grant a hardship <span class="dictionary">waiver</span> from the requirement for a full-time manager licensed for the practice of funeral service or licensed as a <span class="dictionary">funeral director</span>, allowing the operation of two funeral establishments having in charge one full-time person licensed for the practice of funeral service or one licensed <span class="dictionary">funeral director</span> who divides his time between the two funeral establishments. Prior to granting a hardship <span class="dictionary">waiver</span>, the <span class="dictionary">Board</span> shall find that (i) the two establishments have been in operation for at least three years; (ii) the combined average number of funeral calls at the two establishments over the previous three years is no more than 135 per year; and (iii) the distance between the two establishments is 50 miles or less.
		Prior to granting a renewal of a license granted under a hardship <span class="dictionary">waiver</span>, the <span class="dictionary">Board</span> shall determine whether the requirements for license renewal under such <span class="dictionary">waiver</span> continue to exist.</p></section></text><history>Code 1950, &#xA7;&#xA7; 54-260.39, 54-260.40; 1956, c. 220; 1972, c. 797, &#xA7; 54-260.73; 1974, 164; 1978, c. 849; 1988, c. 765; 1996, c. 757; 2000, c. 773; 2013, c. 108; 2019, c. 66; 2025, c. 115.</history><metadata></metadata></law>
