Summer 2002 - Virginia Department of Health Professions - Home

By Bill Ruiz,2014-05-06 13:52
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Summer 2002 - Virginia Department of Health Professions - Home

DEPARTMENT OF HEALTH PROFESSIONS 6606 W. Broad Street 4th Floor It has truly been an honor to serve on the Board of Funeral Directors and Richmond, VA 23230-Embalmers for the Commonwealth of Virginia. It has also been an honor to 1717 804/662-9907 serve with the other board members that hold true the same values and share the same passion for the funeral profession and consumers that each of us Robert Nebiker, DHP Director are so privileged to serve. Along with that honor, we have the huge responsibility of regulation. This is a responsibility that each of us takes very BOARD MEMBERS seriously. 2002-2003 Paul C. Whitten, FSL As you will read below, in the Spring of this year, Governor Warner signed into President law the Continuing Education legislation. I appreciate the efforts of all that Bobby L. Gardner, Sr., supported this legislation, as I believe this will prove to be beneficial to both FSL Vice-President our licensees and to the consumer. The work for our board however is just J. Michael Williams, FSL beginning. This year we will create the regulations that will determine how we Secretary-Treasurer will move forward with continuing education in Virginia. We will hold three Charles M. Bristow, Jr., public hearings this year around the state to provide an opportunity for as FSL many of you as possible to have a voice in this process. We encourage your Robert “Bob” Oman, FSL support and opinions with this most important task. Pratt Stelly Citizen Member I must also take this opportunity to thank our board staff for their dedication Alane C. Miles and commitment to the profession. Our staff is a valuable resource to all Citizen Member funeral service providers. I urge you to feel free to reach out to them for Jack Miller, FSL support should you ever have a question about the laws and regulations that govern our profession. Joseph Jenkins, Jr., FSL Thank you for your commitment and support and I look forward to the STAFF upcoming year of service to both our profession and the Commonwealth of Elizabeth Young, Executive Director Virginia. Annie B. Artis, Operations Manager Paul C. Whitten President Vickie Hutson-McCloud Administrative Assistant Virginia Board of Funeral Directors and Embalmers



On July 1, 2002, a continuing education law became effective for funeral providers,

    funeral directors, and funeral embalmers. The 2002 Virginia General Assembly

    passed House Bill 837, which grants the Board of Funeral Directors and Embalmers

    the authority to create continuing education regulations for its licensees. The law

    provides that the Board shall not mandate more than five hours per renewal period

    directly related to the respective license and scope of practice of funeral service.

    The law also prohibits continuing education courses for which the purpose is to

    promote, sell, or offer goods; products or services are not acceptable for the

    fulfillment of the continuing education requirements. The law grants the Board the

    authority to grant exemptions or waivers in cases of illness or undue hardship.

    Lastly, the law provides for the creation of an inactive status for licensees who do not

    practice in Virginia. The Board adopted proposed regulations at its June 4, 2002 and

    again at its September 10, 2002 meetings and the regulations will be published in the

    next six months. Public hearings to receive comment regarding the proposed

    regulations will be held in the late-fall of 2002. All licensees will be notified of the

    proposed regulations.


In March of 2002, the Department of Health Professions inspected all 54 crematories

    registered within the state. The inspections were done due to the public questioning

    of events in Georgia and the issue of public safety for the residents of the

    Commonwealth. The Department found no major irregularities and many crematories

    provided positive response during the inspection process. The Board instated the three-year inspection cycle for the crematories beginning this year. If a crematory

    serves as a branch of a funeral service establishment, both facilities will be inspected

    on the day of inspection and vice-versa. Based on the survey results, the Board will not promulgate new regulations for crematories at this time.


From November 8-10, the Department of Health Professions will relocate to new

    offices at 6603 West Broad Street. The telephone numbers for the Department and the Board of Funeral Directors and Embalmers will remain the same.

    Virginia Regulatory Town Hall

     Would you like a fast and convenient way to follow what the Board of Funeral

    Directors and Embalmers is doing on regulations? If so, check out the Virginia Regulatory Town Hall at As a registered user of the Town Hall, you can receive e-mail notification about the regulatory actions and meetings of

    the Board.

The Town Hall offers a gold mine of information and interactive features relating to

    state regulations. It is also a free service of the Commonwealth of Virginia, available



     1. A funeral service licensee receives a call to pick up a body from a nursing home. The nursing home stated that the family requested

    that specific funeral home to provide funeral services. The body is transported to the funeral home. The funeral home has not

    spoken to the next of kin to obtain permission to embalmer the body. Without the next of kin’s permission, the funeral service

    licensee proceeds to embalm the body. May the funeral service licensee and his funeral home charge the family for the cost of


    Answer: Maybe. According to 18 VAC 65-20-510 of the general regulations governing funeral practice, a licensee who proceeds with an embalming without prior approval from a family member or other person shall document in writing the reasons for the proceeding, the efforts made to contact the family or authorized person and the licensee authorizing the embalming. Subsequently, approval for

    the embalming shall be obtained from a family member or other authorized person. The regulation implies that the next of kin shall

    authorize the procedure of embalming, in writing or orally. If the next of kin fails to authorize the embalming of the body and does not want the procedure completed, the funeral service licensee may not have the authority to charge the next of kin. It is considered a legitimate charge if the next of kin agrees to the embalming of the body.

    2. A funeral service licensee receives a death call in the middle of the night from a family. The family authorizes the funeral home to

    embalm the body prior to discussion of funeral goods and services. The funeral home embalms the body. The next day the family

    decides to use a neighboring funeral home. The family owes you the fee for embalming, but refuses to pay. May a funeral home

    withhold the body from the family for non-payment of services?

    Answer: No, the law prohibits a funeral service licensee from holding a body from the next of kin for non-payment of services. 54.1-2806 (14) of Code of Virginia provides that, the Board may refuse to admit a candidate to any examination, refuse to issue a license to any

    applicant and may suspend a license for a stated period or indefinitely, or revoke any license or censure or reprimand any licensee or place him on probation for such time as it may designate for any of the following causes: Refusing to surrender promptly the

    custody of a dead human body upon the express order of the person lawfully entitled to custody.

    3. A resident trainee has completed his apprenticeship, completed mortuary school and passed the national examination. He continues

    to work in the funeral home as he waits to take the state examination. What tasks may he perform?

    Answer: Recently the Board requested an interpretation of 54.1-2817 of the Code of Virginia from its legal counsel. The section of the Code states, The successful completion by any person of the resident traineeship shall not entitle him to any privilege except to be

    examined for such license. Counsel advised the Board that once the requirements for the traineeship have been completed, a trainee is then entitled to be examined for licensure, but he or she cannot continue to engage in the practice of funeral services beyond completion of the traineeship.

    4. A preneed buyer wishes to ensure that his friend make his final funeral arrangements at the time of his death. She also has one

    child. At the time of her death, does the friend of the deceased man have the authority to fulfill his wishes in the preneed contract?

Answer: A purchaser of the contract or preneed buyer may appoint an individual to make his preneed arrangements. The funeral service

    licensee may provide an agreement, which grants the friend of the purchase (or appointee) the authority to make the preneed funeral arrangements for the contract purchase. 18 VAC 65-30-220 (VII) of the regulations governing preneed laws prescribes the form of the

    appointee agreement, which allows the contract purchaser to select a person to make the preneed arrangements. In making the final arrangement (at need), the rights of the next of kin supercede the wishes as outlined in the preneed contact. If a person wishes to ensure that

    their original contract is fulfilled and wishes another person, besides the next of kin, to carry out the arrangement, he may wish to have a designee agreement prepared and executed. 54.1-2825 of the Code of Virginia states, any person may designate in a signed and

    notarized writing, which has been accepted in writing by the person so designated, an individual which shall make arrangements for his burial or the disposition of this remains including cremation upon his death. If the preneed contract has a designee agreement

    attached to the document, the designee agreement provides who makes the at need final arrangements of the contract purchaser or deceased.




Governor Warner has made enrolling children in a health insurance plan a top priority of his

    administration. The Department of Medical Assistance Services, which administers the program is also

    implementing several changes to improve the coordination between Medicaid and FAMIS programs,

    including the adoption of single income level for Medicaid eligibility for children, the development of a

    single child health insurance application form, and uniform verification procedures. In Virginia, a family of

    four with a yearly income of $36,200 will qualify for FAMIS. Families with lower incomes may qualify for

    Medicaid. If you know of any families that you believe may qualify for one of these programs, more information is available by calling the toll-free number, 1-866-873-2647, or by checking the website for the

    program (



     th11/20/2002 9:00 a.m. Formal Hearing Formal Hearing 6606 W. Broad St., 5

    Floor, Room #1 th12/03/2002 9:00 a.m. Board Meeting Discuss general Board 6603 W. Broad St., 5

    business and issues. Floor, Room #1 th12/03/2002 1:00 p.m. Formal Hearings Formal Hearings 6603 W. Broad St., 5

    Floor, Room #1 th12/17/2002 9:00 a.m. Special Conference Informal Hearings 6603 W. Broad St., 5

    Committee Floor, Room #1 th01/28/2003 9:00 a.m. Special Conference Informal Hearings 6603 W. Broad St., 5

    Committee Floor, Room #1 th02/25/2003 9:00 a.m. Special Conference Informal Hearings 6603 W. Broad St., 5

    Committee Floor, Room #1 th03/04/2003 9:00 a.m. Board Meeting Discuss general Board 6603 W. Broad St., 5

    business and issues. Floor, Room #1

To find out if a meeting has been cancelled or rescheduled, please call the Board’s office at




    November 27, 2002 Lynchburg In 2001, J. Michael Williams of Richmond, Virginia, was appointed

    December 11, 2002 Richmond to the Virginia Board of Funeral Directors and Embalmers. Mr.

    January 8, 2003 Richmond Williams works for Joseph Bliley and Sons Funeral Home and has

    February 12, 2003 Norfolk been a licensee for over 29 years. Mr. Williams replaces Charles

    March 12, 2003 Lynchburg Reynolds, Jr., who ended his term. Michael brings with him a

    April 9, 2003 Richmond wealth of experience in funeral service.

    May 14, 2003 Richmond

    June 11, 2003 Norfolk Marceita Glenn, Citizen Member ended her term June 30, 2002

    July 9, 2003 Lynchburg with the appointment of Ms. Pratt Stelly. Ms. Stelly is the Human

    August 13, 2003 Richmond Resources Director for the Department of Professional and

    September 10, 2003 Norfolk Occupational Regulation.

    October 8, 2003 Lynchburg

    November 12, 2003 Richmond Governor Warner appointed Joseph Jenkins, Jr., of Richmond,

    December 10, 2003 Norfolk Virginia, in 2002. He is the owner of Joseph Jenkins Jr. Funeral

     Home. Mr. Jenkins replaces Mr. Charles Morehead who did not

     seek reappointment.

    NOTE: All applications and required

    documentation must be received in On July 1, 2002, Alane Miles was appointed as Citizen member

    the Board’s office not less than 45 and resides in Richmond, Virginia. She replaces Anne L. Hubble

    days prior to a scheduled of Roanoke, Virginia.


    The Board sincerely thanks Ms. Glenn, Mr. Morehead and Ms.

    Hubble for their contributions to the Board.

     DISCIPLINARY ACTIONS CONGRATULATIO 6 ? Nancy Barnett, FSL Findings: Served as manager of record and resided in another state and inspection deficiencies cited.

    Sanctions: Surrendered right to renew license. Order Entered: June 4, 2002

? Fenton Bland, F.S.L.

    Findings: Failed to provide Itemized statement of Funeral Goods and Services to client.

    Sanctions: Continued generally upon one unannounced records audit. Order Entered: December 18, 2001

    ? Timothy Bradley, FSL The following funeral Findings: Allowed unlicensed employee to assist with embalming human remains. service applicants Sanctions: Reprimand and monetary penalty. passed their FSL Order Entered: April 29, 2002 Examination: ? Robert Brunson, F.S.L.

    Findings: Failed to provide and maintain a general price list and itemized statement of funeral Anneka Bass Michael Bliley goods and services. Tom Boudinot Sanctions: Reprimand and monetary penalty. Timothy Briggs Order Entered: November 8, 2001 Jennifer Brooks Brian Burke Patrick Burton ? Henry Davis, F.S.L. Linda Douglas Findings: Engaged in unlicensed activity and represented himself as a funeral service licensee to Leslie Doyle the public. Danielle Fitchett Tina Fuerholzer Sanctions: Reprimand. Roberta Hodge Order Entered: October 5, 2001 Jason Johnson Valerie Jeffress ? Gilmore Funeral Home, Funeral Service Establishment Patricia Latimore Dean Marnell Findings: Unlicensed owner discussed at need arrangements and presented itemized statement Derek McAninch of goods and services. James McCarthy Sanctions: Reprimand, monetary penalty and two years probation with two unannounced Doris McClenny Whitney Meredith inspections. Nikia Newman Order Entered: May 15, 2002 MaryBeth Olexy John O’Dacre ? Bryan W. Gravely, F.S.L. Michael Post Charles Puckett Findings: Failed to ensure that resident trainee’s reports were submitted to the Board. Dana Rygas Sanctions: Reprimanded. Kienta Savoy Order Entered: October 5, 2001 Christoper Saxon Michelle Shepherd Scott Slaven ? E. Twyman Greene, F.S.L. Christopher Smith Findings: Offered preneed discounts. Michael Strickland Sanctions: Reprimand and monetary penalty. Amanda Thurmond Julie Trobaugh Order Entered: May 16, 2002 David Twiford Jeffrey Usher ? Deana Kelly, F.S.L. Kevin Whiting Meredity Whitney Findings: Practiced as a funeral service provider without a license. Mark Willey Sanctions: Reprimand and monetary penalty. Christine Williams Order Entered: June 13, 2002 ? Michael Kelly, F.S.L. Findings: Practiced as a funeral service provider without a license. Sanctions: Reprimand and monetary penalty. Order Entered: June 13, 2002

? Rosalind Knight, F.D.

    Findings: Failed to respond to inspection deficiencies.

    Sanctions: Reprimand and monetary penalty. Order Entered: April 23, 2002

? Knight Funeral Home, Inc., Funeral Service Establishment

    Findings: Failed to respond to inspection deficiencies. Sanctions: Reprimand and monetary penalty. Order Entered: April 23, 2002


    ? Valanti Lambert, F.S.L. Findings: Failed to record a preneed deposit and submit it to the insurance application company. Sanctions: Reprimand and monetary penalty.

    Order Entered: November 16, 2000

    ? Ronnell Pearson, F.S.L.

    Findings: Failed to provide a general price list and failed to file a death certificate in a timely


    Sanctions: Reprimand and monetary penalty.

    Order Entered: November 8, 2001

    ? Perry G. Thomasson, F.S.L.

    Findings: Notarized the forged signatures of clients on an insurance form and notary were


    Sanctions: Required to take an ethics course, one-year probation, two unannounced inspections

    and monetary penalty.

    Order Entered: December 20, 2001

    ? Cynthia Taylor

    ? Findings: Failed to demonstrate that the time limitation of traineeship would be undue hardship and she improperly made funeral arrangements during expiration of registration. Sanctions: Denial of request to extend resident trainee program.

    Order Entered: December 10, 2001

? George Turner, F.S.L.

    Findings: Aided and abetted unlicensed practice and was convicted of assault and battery. Sanctions: Reprimand, monetary penalty and two years probation.

    Order Entered: April 29, 2002

? Michael Winfree, F.S.L.

    Findings: Continued to practice funeral service after the expiration of the establishment license

    and failed to respond to inspection deficiency notice of compliance.

    Sanction: Summary Suspension.

    Order Entered: March 18, 2002

     Formal Hearing to Request Reinstate of License

    Sanction: Continued on suspension upon successful completion of jurisprudence examination. Order Entered: May 9, 2002

    ? Winfree-Wright Funeral Service Inc., Funeral Service Establishment Findings: Continued to operate after expiration of establishment license and non-compliant inspection deficiencies, and failure to correct defiencies from December 12, 2000 inspection. Sanction: Reinstatement of establishment permit upon satisfactory inspection and payment of

    monetary penalty. One unannounced inspection.

    Order Entered: May 9, 2002


    PERFECT ESTABLISHMENT INSPECTIONS The Virginia Board of Funeral Directors and Embalmers congratulates the managers and staff of the following

    establishments on a perfect inspection:

    Bennett Funeral Home (Mechanicsville) Feggins Funeral Home William N. Bland and Sons Funeral Home Inc. J.T. Morris & Sons, Inc. Joseph W. Bliley Funeral Home (Augusta) Morrissett Funeral Home Bolling, Grose, Lotts Funeral Home John M Oakey Funeral Home (Downtown) Browning Funeral Home Obaugh Funeral Home Inc. Capitol Funeral Service Williams Funeral Home (Lawrenceville) Dignity Funeral Home, t/a Memorial Cremations

Virginia Board of Funeral Directors and Embalmers PRESORTED STANDARD Department of Health Professions U.S. POSTAGE PAID th6606 W. Broad Street, 4 Floor RICHMOND, VA PERMIT NO. 164 Richmond, VA 23230-1717

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