2006 Code of Virginia § 54.1-2807 - Other prohibited activities

54.1-2807. Other prohibited activities.

A. A person licensed for the practice of funeral service shall not (i) removeor embalm a body when he has information indicating the death was such that amedical examiner's investigation is required pursuant to 32.1-283 or32.1-285.1 or (ii) cremate or bury at sea a body until he has obtainedpermission of the medical examiner as required by 32.1-284.

B. Except as provided in 32.1-288 and 32.1-301, funeral serviceestablishments shall not accept a dead human body from any public officerexcept a medical examiner, or from any public or private facility or personhaving a professional relationship with the decedent without having firstinquired about the desires of the next of kin and the persons liable for thefuneral expenses of the decedent. The authority and directions of any next ofkin shall govern the disposal of the body.

Any funeral service establishment violating this subsection shall not chargefor any service delivered without the directions of the next of kin. However,in cases of accidental or violent death, the funeral service establishmentmay charge and be reimbursed for the removal of bodies and renderingnecessary professional services until the next of kin or the persons liablefor the funeral expenses have been notified.

C. No company, corporation or association engaged in the business of payingor providing for the payment of the expenses for the care of the remains ofdeceased certificate holders or members or engaged in providing lifeinsurance when the contract might or could give rise to an obligation to carefor the remains of the insured shall contract to pay or pay any benefits toany licensee of the Board or other individual in a manner which couldrestrict the freedom of choice of the representative or next of kin of adecedent in procuring necessary and proper services and supplies for the careof the remains of the decedent.

D. No person licensed for the practice of funeral service or preneed funeralplanning or any of his agents shall interfere with the freedom of choice ofthe general public in the choice of persons or establishments for the care ofhuman remains or of preneed funeral planning or preneed funeral contracts.

E. This section shall not be construed to apply to the authority of anyadministrator, executor, trustee or other person having a fiduciaryrelationship with the decedent.

(Code 1950, 54-260.50, 54-260.59; 1956, c. 220; 1972, c. 797, 54-260.74;1979, c. 720; 1981, c. 258; 1986, c. 91; 1988, c. 765; 1989, c. 684; 1993, c.965; 2005, c. 905.)