54.1-2800 - Definitions.

§ 54.1-2800. Definitions.

As used in this chapter, unless the context requires a different meaning:

"Advertisement" means any information disseminated or placed before thepublic.

"At-need" means at the time of death or while death is imminent.

"Board" means the Board of Funeral Directors and Embalmers.

"Cremate" means to reduce a dead human body to ashes and bone fragments bythe action of fire.

"Cremator" means a person or establishment that owns or operates acrematory or crematorium or cremates dead human bodies.

"Crematory" or "crematorium" means a facility containing a furnace forcremation of dead human bodies.

"Embalmer" means any person engaged in the practice of embalming.

"Embalming" means the preservation and disinfection of the human dead byexternal or internal application of chemicals.

"Funeral directing" means the for-profit profession of directing orsupervising funerals, preparing human dead for burial by means other thanembalming, or making arrangements for funeral services or the financing offuneral services.

"Funeral director" means any person engaged in the practice of funeraldirecting.

"Funeral service establishment" means any main establishment, branch orchapel which is permanently affixed to the real estate and for which acertificate of occupancy has been issued by the local building official whereany part of the profession of funeral directing, the practice of funeralservices, or the act of embalming is performed.

"Funeral service intern" means a person who is preparing to be licensed forthe practice of funeral services under the direct supervision of apractitioner licensed by the Board.

"Funeral service licensee" means a person who is licensed in the practiceof funeral services.

"In-person communication" means face-to-face communication and telephoniccommunication.

"Next of kin" means any of the following persons, regardless of therelationship to the decedent: any person designated to make arrangements forthe disposition of the decedent's remains upon his death pursuant to §54.1-2825, the legal spouse, child over 18 years of age, custodial parent,noncustodial parent, siblings over 18 years of age, guardian of minor child,guardian of minor siblings, maternal grandparents, paternal grandparents,maternal siblings over 18 years of age and paternal siblings over 18 years ofage, or any other relative in the descending order of blood relationship.

"Practice of funeral services" means engaging in the care and dispositionof the human dead, the preparation of the human dead for the funeral service,burial or cremation, the making of arrangements for the funeral service orfor the financing of the funeral service and the selling or making offinancial arrangements for the sale of funeral supplies to the public.

"Preneed" means at any time other than at-need.

"Preneed funeral contract" means any agreement where payment is made by theconsumer prior to the receipt of services or supplies contracted for, whichevidences arrangements prior to death for: (i) the providing of funeralservices or (ii) the sale of funeral supplies.

"Preneed funeral planning" means the making of arrangements prior to deathfor: (i) the providing of funeral services or (ii) the sale of funeralsupplies.

"Solicitation" means initiating contact with consumers with the intent ofinfluencing their selection of a funeral plan or funeral service provider.

(Code 1950, § 54-260.1; 1956, c. 220; 1972, c. 797, § 54-260.67; 1988, c.765; 1989, c. 684; 1991, c. 539; 1997, c. 116; 1998, cc. 718, 867; 2003, c.505; 2006, c. 56.)