                                 CODE OF VIRGINIA

LICENSURE OF FUNERAL ESTABLISHMENTS (§ 54.1-2810)

No person shall conduct, maintain, manage or operate a funeral establishment
unless a license for each such establishment has been issued by the Board. No
license to operate a funeral establishment shall be issued by the Board unless
each such funeral establishment has in charge, full time, a person licensed for
the practice of funeral service or a licensed funeral director. Applications for
funeral establishment licenses shall be made on forms furnished by the Board and
filed by the owner or the registered agent of the corporation with the Board.
		Each funeral establishment license shall expire annually at a time prescribed
by Board regulation. A license may be renewed within 30 days of its expiration.
Upon expiration of the license, the Board 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 Board.
		Violations of any provisions of this chapter or any Board 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 revocation 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 funeral service establishment is unable, for any reason,
to exercise adequate supervision, direction, management, and control of the
funeral establishment, the owner shall designate any funeral service licensee to
serve as a temporary manager and notify the Board 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 Board. At the
conclusion of the 90-day period for designation of a new manager, a funeral
service establishment which has failed to designate a new manager shall not
operate as a funeral service establishment.
		When licensing funeral establishments, the Board may grant a hardship waiver
from the requirement for a full-time manager licensed for the practice of
funeral service or licensed as a funeral director, allowing the operation of two
funeral establishments having in charge one full-time person licensed for the
practice of funeral service or one licensed funeral director who divides his
time between the two funeral establishments. Prior to granting a hardship
waiver, the Board 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 waiver, the
Board shall determine whether the requirements for license renewal under such
waiver continue to exist.

HISTORY: Code 1950, §§ 54-260.39, 54-260.40; 1956, c. 220; 1972, c. 797, §
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.